Johannesburg - The Police and Prisons Civil Rights Union (Popcru) believes it was unconstitutional of former Public Protector Thuli Madonsela to recommend the Chief Justice Mogoeng Mogoeng appoint the commission of inquiry to look into state capture.
The union said on Monday that South Africans should be not be inconsistent in their respect of the law, and because the constitution states only the president is tasked with appointing a commission of inquiry, then he should be the person to appoint the judge to head up the inquiry.
Popcru’s remarks follow the release of the State of Capture report last month which made a number of observations, and Madonsela recommended that an inquiry be appointed, but because President Jacob Zuma is implicated in the report, she advised that Mogoeng make the appoint of the judge to head the commission.
Madonsela has received criticism from some quarters for the recommendation, with Popcru jumping on the bandwagon.
“Does the Chief Justice have any powers to appoint judges to chair commissions of inquiries instituted as per Section 84(21.f) of the constitution?
“That he (Zuma) should not appoint the judge is undermining the constitution of this county. The constitution is clear and it is the president (who has the ower to appont the inquiry head). It cannot be that when it suits us that we want to change the situation,” said Popcru’s general secretary Nkosinathi Theledi.
The union also had issues with how the report was compiled and implied that no proper processes were followed, and questioned how the cellphone records implicating certain individuals were obtained.
It said although it did not support corruption, the State of Capture report is not assisting the country in getting closer to unravelling answers of state capture.
“This report is unfortunately casting aspersions on the character of the people mentioned; in particular the president. It’s in our view that the report attempted to prosecute people in public court of opinion,” said Popcru general secretary Nkosinathi Theledi.
When asked if the union supports calls for Jacob Zuma to resign, Theledi said the union had taken a resolution at its mother body Cosatu’s central executive committee meeting(CEC) that the federation would consult with the ANC on an individual basis.
Cosatu affiliates the Communication Workers Union and the National Health and Allied Workers Union (Nehawu) have called on Zuma to step down.
Last week Cosatu’s CEC said it would drum up support amongst its members for Deputy President Cyril Ramaphosato take over as president of the ANC at party’s 2017 elective conference.
Labour Bureau