Cape Town - President Jacob Zuma scored a victory in the North Gauteng High Court on Friday after an application to force him to set up a commission of inquiry into state capture was thrown out.
However, the official opposition warned that this victory would be short-lived as they await another judgment in his review application against the Public Protector’s state capture report.
In his ruling Friay, Judge Motsamai Makume said the application by the DA is “stayed pending the review application” by Zuma.
Zuma lodged the review application a few months ago challenging former Public Protector Thuli Madonsela’s directive that he must ask ChiefJustice Mogoeng Mogoeng to appoint the sole judge to head the inquiry.
Judge Makume said it would be premature to pronounce on the matter when there was a review application.
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“I have kept in mind that in deciding this application it would be appropriate for this court to express a view or usurp the functions of the review court. What is of prime importance is the considerable constitutional issues that have been raised one of which is the aspect of separation of powers. The Constitutional Court in the Outa matter in upholding the appeal expressed itself strongly on this issue,” the judge said
He said the matter would have to await the review application by Zuma.
DA federal executive chairman James Selfe said they noted the judgment, adding that they went to court because Zuma has been delaying to appoint the commission.
“This matter has not been dismissed but has in fact been held back pending the outcome of the president’s review application, which will be heard at the end of October, where we will also be in court to continue this fight for accountability,” said Selfe.
Zuma has said in Parliament in the past few months he would set up the commission of inquiry into state capture.
But opposition parties have accused him of stalling the process.
Parliament has asked several committees to investigate state capture.
The portfolio committee on trade and industry was the latest to join the investigation after it agreed a few weeks ago to probe the train-supply tender at Transnet.
Meanwhle, the public enterprises committee is expected to start with its inquiry into Eskom in a few days. The other committees investigating state capture include home affairs, mineral resources, transport and communications.