Pretoria - Former public protector Thuli Madonsela could not make conclusive findings on the state capture report because of lack of funds, the North Gauteng High Court heard on Tuesday.
Madonsela's legal representative Vincent Maleka said the former public protector needed R31 million to conduct a complete investigation into the matter and only had R1.5 million.
"The public protector didn't have the time and enough resources to conduct a full scale investigation on the state capture report," Maleka said.
Judge Dunstan Mlambo asked Maleka if Madonsela had done what was required of her by the constitution. Maleka said that Madonsela did what was required and investigated improper conduct.
"What she did not do, is to make conclusive findings to support her investigation. She didn't have necessary resources and funding to complete the investigation," he said.
Maleka indicated that if Madonsela had access to sufficient funding including investigators, she would have completed the investigation. He emphasised that Madonsela recommended remedial action into the State capture report so that the investigation could be concluded.
There is no rational basis of ignoring remedial action into the state capture report suggested by Madonsela, Maleka said.
Earlier, Mlambo took Ishmail Semenya, for Zuma, through a time line which lead to the release of the state capture report, he indicated how the president failed to take any action.
President Jacob Zuma's legal representatives Advocate Ishmail Semenya and Anthea Platt at the North Gauteng High Court. Picture: Brenda Masilela/ANA
"The president received a letter from the public protector in April 2016 about serious allegations about him, he does nothing. In August, the public protector tells the president that she is going to issue a report, he tries to stop it," Mlambo said.
"Is this what one can expect from a reasonable president in the context of the constitution? He holds the view that no one can tell him how to act, then why did he not act?" asked Mlambo
Semenya said Zuma was incapable to do anything legally.
Last year, Madonsela recommended that a commission of inquiry be established by Zuma but that the judge should be chosen by the Chief Justice Mogoeng Mogoeng.
The thrust of Semenya's argument was that the public protector has no right to tell the president who should appoint a judge to head up the inquiry.
Zuma also asked for an order sending the state capture report back to the public protector for further investigation.
In his application filed in December last year‚ Zuma said the remedial action was unlawful as it went against the separation of powers doctrine.
The matter continues.