Cape Town - President Jacob Zuma has formally asked outgoing Public Protector Thuli Madonsela to assure him by the end of business on Tuesday that she will not complete her investigation into allegations of state capture until he has been allowed to question other witnesses in the probe.
In a statement issued by the presidency on Monday, he also accused Madonsela of flouting the founding act of her office by refusing to grant him access to witnesses and documents at issue in the investigation she is seeking to complete before her term ends this week.
“President Jacob Zuma has written to the Public Protector, Advocate Thuli Madonsela, requesting her to allow him or his legal representative to question other witnesses, determined by the Public Protector, who have appeared before the Public Protector,” the presidency said.
It added that he was given two days notice before Madonsela interviewed him last Thursday, and expected to give evidence on matters of which he was not forewarned when she requested the meeting.
According to Zuma’s office, Madonsela presented the meeting as a briefing but then proceeded to interview him and rejected his legitimate request for a postponement and the opportunity to peruse documents and question other witnesses.
“He is thus of the view that this short notice did not take into account the provisions of Section 7(9) of the Public Protector Act which states that the implicated person (the president in this case) or his legal representative is entitled to question other witnesses, determined by the Public Protector, who have appeared before Public Protector.”
The presidency noted that the act also makes provisions for any person who appears before the Public Protector to be assisted by a legal representative and to have access to documents in possession of the Public Protector relevant to the investigation.
Madonsela denied Zuma this opportunity, it said.
“The presidency confirms that when the president met with the Public Protector on that day, the president asked that the meeting be postponed so that he can be provided with the relevant documents and records and where necessary be allowed to question the witnesses who have already testified before the Public Protector.
“The Public Protector disagreed with the request and instead offered to provide the president with written questions to which the president will be required to respond by an affidavit under oath.”
Madonsela has since sent Zuma the questions in writing, the presidency said.
However, the president was still of the view that she should give him a list of witnesses who appeared before her in the course of the investigation as well as their affidavits or transcripts of their testimony.
“Furthermore, the President would want to exercise his right to question some of the witnesses before responding to the written questions and adducing evidence.”
Zuma’s office said it rejected Madonsela’s position that she was in a hurry to complete the investigation as this could well be done by her successor, Busisiwe Mkhwebane, whom he appointed last week.
“The presidency deems the Public Protector’s statement at the said meeting that she was in a ‘hurry’ to complete the investigation as ill-founded, given the fact that, the investigation is not with respect ‘part-heard’ and may well be completed after the term of the current Public Protector, as is the case with other pending investigations.”
The presidency said it had asked Madonsela to give an undertaking “on or before close of business tomorrow (Tuesday)” that her office will not finish the probe and issue any report until evidence that could implicate Zuma has been made available to him, and he was given an opportunity to question the witnesses who made those statements and himself testify properly.
Madonsela was asked by the Democratic Alliance and a church order to probe allegations that the wealthy Indian-born Gupta family had influenced executive decisions after Deputy Finance Minister Mcebisi Jonas went on record to confirm rumours that they had approached him to take over as finance minister before Zuma fired Nhlanhla Nene from the key post in December last year.
African News Agency