Judgment is expected in the Pretoria High Court on Wednesday on the DA's application for an order that President Jacob Zuma adhere to the Public Protector's "State of Capture" remedial actions, establish a commission of inquiry and allow the Chief Justice to appoint a judge for the inquiry.
Judgment was reserved in September, where Zuma's lawyer Advocate Ishmael Semenya, SC, said the crux of his client's argument against implementing the remedial action of the report was that it would be unconstitutional to do so.
He argued that the Public Protector "does not enjoy the power under the Constitution of telling Zuma to establish an inquiry and that the Chief Justice will appoint the judge".
"That's why the president has consistently and persistently said the remedial action is unconstitutional and will not implement it but take it on review," Semenya said.
The DA also sought a declaratory order that Zuma's conduct in delaying the establishment of the commission is unconstitutional.
In her State of Capture report, former public protector Thuli Madonsela recommended that Zuma establish a commission of inquiry and that Chief Justice Mogoeng Mogoeng choose a judge to preside over it.
Madonsela made the recommendation in her report on investigations into whether Zuma's friends, the controversial Gupta family, had undue influence on the executive.