Johannesburg - Democratic Alliance (DA) leader Mmusi Maimane said as a complainant in the state capture investigation, he was entitled to receive a copy of the report compiled by former Public Protector Thuli Madonsela.
The DA leader said he has written to the new Public Protector Busisiwe Mkhwebane requesting a copy of the report.
“As the complainant in this matter, I am entitled by law to be provided with a copy of this report, which has been completed according to former Public Protector Thuli Madonsela,” Maimane said in a statement on Wednesday.
“Section 8 (3) of the Public Protector Act states that ‘the findings of an investigation by the Public Protector shall, when he or she deems it fit but as soon as possible, be made available to the complainant and to any person implicated thereby’.
“This is to be read in conjunction with section 182(5) of the Constitution, which states that any report issued by the Public Protector must be open to the public unless exceptional circumstances require that a report be kept confidential.”
With the investigation completed, there was “no reasonable justification” not to furnish the complainant with the report, said Maimane.
Maimane and Economic Freedom Fighters (EFF) leader Julius Malema were among the politicians who submitted their evidence on state capture allegations levelled against the wealthy Gupta family. Other individuals who made submissions to Madonsela included former government spokesman Themba Maseko and former ANC MP Vytjie Mentor.
Madonsela probed allegations that the controversial Gupta family had undue influence on the appointment of cabinet ministers – a prerogative of the President. The family was also accused of offering senior government positions to individuals who could further their business interests.
However, the report was locked away after Zuma and Cooperative Governance and Traditional Affairs Minister Des van Rooyen sought separate court interdicts to stop Madonsela from releasing it. She had wanted to release the report on her last day in office on Friday.
As a result of court applications, Madonsela sent the report to Parliament for safekeeping. The report was handed to Mkhwebane on Monday the day she assumed office.
The court will hear the applications for interdict on November 1.