13 September 2017

South Africa: State Capture Inquiry - Zuma's 'Unconstitutional' Delay the Focus of Court Action

analysis

The Democratic Alliance, which will be in the North Gauteng High Court most of the week in two cases against the president, on Tuesday argued that President Jacob Zuma has violated the Constitution by not establishing a commission of inquiry into Gupta-linked state capture, as recommended by the former public protector. Zuma first wants a chance to challenge Thuli Madonsela's report. By GREG NICOLSON.

Former Public Protector Thuli Madonsela didn't outline any remedial actions in her State of Capture report investigating allegations of corruption against the Gupta family and its associates in government. However, she gave the president an instruction. The most controversial aspect of her report, released on her last day in office, was Madonsela's order that Zuma establish an inquiry to further investigate the allegations. She said that because Zuma was implicated in the matter, he must allow Chief Justice Mogoeng Mogoeng to appoint a judge to lead the inquiry.

Madonsela gave Zuma a month. It's been almost a year and no inquiry has been established. Arguing in the North Gauteng High Court on Tuesday, the DA said reports from the public protector are binding and that by not implementing Madonsela's instruction, Zuma has violated the Constitution.

Madonsela's...

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