President Jacob Zuma has filed a second affidavit in his court bid to block the publishing of former Public Protector Thuli Madonsela’s state capture report.
In the affadavit, Zuma is asking new Public Protector Busisiwe Mkhwebane to confirm whether or not the report is final, and admitting that he was informed on 2 October that he was an implicated person in the report.
According to the affidavit, Mkhwebane said she is not in a position to determine whether the report be released, or whether the president should be given more time to make represenations to be included in the the report.
This was for the court to decide, she said.
Zuma said that the DA’s application to stop the court process contained a contradiction, in that the party claims the state capture investigation is ongoing – but also that the report is finalised.
The president maintains that he was not given enough time to answer the Public Protector’s questions on the matter, having only been provided with notice on 2 October 2016. It was then that he was notified that he was an “implicated person” in the investigation, he said.
An “implicated person” is defined as someone who is shown to be party to a crime, Zuma said, and this changed what was supposed to be a briefing by the Public Protector on 6 October into a de facto interrogation.
Madonsela’s report, which was to be published on 14 October 2016, is one of two reports on the subject of alleged state capture involving the controversial Gupta family.
Zuma, along with cooperative governance minister Des van Rooyen, applied for an interdict to block the report from being published.
The president said in a questions and answers session in Parliament on Tuesday: “I have a right, a legal right, to exercise my rights. This is what I’ve done in terms of the public protector’s report.
“I interdicted it because she was going to issue a report having not talked to me or asked me questions,” he said.
The case will be heard next week.
You can read Zuma’s full affidavit here.