No Thuli report until Zuma court bid

Published Oct 13, 2016

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PUBLIC Protector Thuli Madonsela has decided not to release the report on state 
capture today.

Madonsela told Independent Media last night that after legal advice, she will not release the report until the urgent interdict application by President Jacob Zuma is heard in court on Tuesday.

Zuma launched an urgent application with the high court in Pretoria yesterday for an interdict to prevent Madonsela from releasing her findings into allegations of state capture.

Madonsela said in addition to Zuma, Co-operative Governance Minister Des van Rooyen has also interdicted her.

Analysts agreed that Zuma was trying to hide his involvement in the allegations of state capture by turning to the courts to block the report.

This latest dramatic event follows a Supreme Court of Appeal (SCA) ruling this week that Zuma should make his case in court on why 783 
charges against him relating to fraud, corruption and money laundering should be dropped.

Zuma has had a mixed week after he returned from Kenya, with Madonsela first refusing to give him an audience on the evidence and to question ministers, who gave evidence against him, until he had answered all questions she sent him on March 22.

The Guptas fired the first salvo this week when they said they reserved their right to review Madonsela’s findings as she was likely to make serious conclusions against them and Zuma.

Ajay Gupta accused Madonsela of wanting a parting shot against Zuma.

Madonsela said she had signed off the report, and nothing would change in terms of its contents even if the matter went to court.

“Regarding the release of the report, we will hear the court on Tuesday. Based on the legal advice from our lawyers, we will not release the report,” she said.

She added that incoming Public Protector Busisiwe Mkhwebane will be in court on Tuesday as her term in office ends today.

The National Prosecuting Authority, which is trying to appeal Zuma’s case, is having its own problems after the Constitutional Court refused to hear its application last week.

The Guptas said the investigation had not been conducted in good faith after the 
public protector failed to interview the three Gupta brothers and did not make some of the reports available to them.

Zuma’s frustration with Madonsela was apparent this week after he denied that he had tried to force her to hand over the investigation and report to her successor.

His attempts to get the evidence and to interrogate his ministers who gave evidence against him failed after Madonsela refused his request.

Madonsela insisted that Zuma had to respond to all the questions she sent to him in March. During the Nkandla investigation, Madonsela complained that Zuma had taken 14 months to respond to her questions. Wits University analyst Susan Booysen said Zuma 
had, from March this year, failed to respond to Madonsela’s questions, but was now running to court.

“It’s the most obvious things on earth that he is trying to hide something and to postpone the report and to do everything in the legal book to stop being held accountable,” she said.

She said it was obvious Zuma was panicking.

Professor Dirk Kotze, of Unisa, accused Zuma of not wanting to account for the Guptas’ alleged influence on him and about state capture.

He said the signs were there last week when he tried to block Madonsela from 
releasing the report and hand everything to Mkhwebane.

“It’s clear that he wanted to avoid the report being published. The moment the 
public protector report is in the public domain, it will have the perception on the public about his involvement.

“He is already on the back foot with the Constitutional Court judgment on the spy tapes,” said Kotze.

“If there is nothing on Friday, Zuma will have some breathing space. He is trying to survive from one day to the next.”

l Academics said Madonsela would be remembered for upholding the constitution, and being an official who was true to her commitment of protecting the rights of ordinary South Africans.

Lawson Naidoo, executive secretary of the Council for the Advancement of the South African Constitution, said Madonsela would not be forgotten, especially considering she was almost unknown when she replaced Lawrence Mushwana.

“She set the bar very high and advocate Busisiwe Mkhwebane will be pressed hard by public opinion,” said Naidoo.

The SA National NGO Coalition’s Damaris Kiewits said Madonsela would be remembered as “a firm, valued office-bearer”.

“She was true to her commitment, and when you spoke, she listened attentively. She will be sincerely missed for the role that she played as the public protector.”

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