President Jacob Zuma wants the Public Protector's State of Capture report and its remedial action to be set aside. Picture: Reuters/Siphiwe Sibeko

Pretoria - President Jacob Zuma says he is committed to setting up a commission of inquiry into state capture within 30 days, but he wants the Public Protector's State of Capture report and its remedial action to be set aside. 

Zuma has submitted a draft order to the North Gauteng High Court where his application to set aside the State of Capture report is being heard. 

The President's lawyers said he was willing to set up a an inquiry within 30 days of an order being issued by the courts. 

"Having announced an intention to appoint a commission of inquiry, it is recorded that the President will proclaim a commission of inquiry within 30 days of the date of this order," said the papers filed by Zuma's lawyers. 

However, Zuma is seeking that the remedial action that was recommended by former Public Protector Thuli Mandonsela be set aside, meaning that he could be allowed to appoint a judge of his choice and set up an inquiry that suits him. 

Madonsela's 2016 report recommended that a commission of inquiry be set up to investigate state capture and  the judge must be appointed by Chief Justice Mogoeng Mogoeng - because of the possible conflict of interest that could arise with Zuma appointing a judge as he is implicated.

Zuma is against this and his lawyers argued that taking away his right to appoint a judge was against the separation of powers doctrine. 

The President has also asked that the responding parties be responsible for the costs of the application. 

Opposition parties involved in the matter are the DA, EFF and UDM. 

The DA wants the courts to dismiss Zuma's application and to force him to institute an inquiry. All opposition parties have argued that Zuma cannot be the "judge and jury" in his own trial and should follow the remedial action. 

Judgement has been reserved on the case. 

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