Public Protector Busisiwe Mkhwebane announced on Monday that she would be opposing President Jacob Zuma’s application to review and set aside the damning “State of Capture” report compiled by her predecessor, Thuli Madonsela.
“On the State of Capture report, the last time we met I said I was taking legal advice on the matter. Yes, we will be opposing the judicial review (sought by Zuma) application,” Mkhwebane said.
“I think you know that we are still finalising the process of collating all the evidence which is needed. The (evidence) which the president required, we will avail in terms of the rules. We are still finalising the signature by the various counsel on the confidentiality clause. So we are at that stage.”
Zuma filed the application to review and set aside the report in the Pretoria High Court ilast year. In his application before court, Zuma argues that the remedial action prescribed by Madonsela infringes on the separation of powers doctrine.
His lawyers contend that it was unconstitutional for Madonsela to instruct Zuma to set up a judicial commission of inquiry and to stipulate that it must be lead by somebody appointed by Chief Justice Mogoeng Mogoeng, as these powers are strictly vested in the president alone.
Madonsela found extensive indications that the Gupta family’s business empire has been given allowed to benefit from contracts with state enterprises, notably Eskom. She directed that a commission of inquiry be set up to continue the investigation, as her term of office was expiring.