Public protector’s counsel in the Pretoria High Court on Friday morning announced that advocate Thuli Madonsela will not release her state capture report on Friday — as a “courtesy to the court”.
This comes following Zuma’s application that court interdicts Thuli’s investigation report on the alleged state capture by Zuma’s family friend, the Guptas.
However, advocate Thuli Madonsela’s counsel, Azhar Bham SC, said Madonsela had finalized and signed off the report and that it did not make any findings or recommendations against Co-operative Governance and Traditional Affairs Minister Des van Rooyen.
Like Zuma, Van Rooyen had applied urgently to interdict the report and it was his application that was heard on Friday while Zuma’s interdict application is set for Tuesday.
The imminent release of the state capture report led to a political showdown that played itself out in an urgent court case — with opposition parties like the DA, EFF, the UDM, COPE all seeking to have their say on the matter.
A while after Bham’s announcement about Thuli’s decision not to release the report, EFF counsel Tembeka Ngcukaitobi made a new application, on behalf of the EFF, asking the court to order that the report be released immediately.
At the court, the EFF argued that if there was a delay the report would never see the light of day.
Prior to this time, the party said it will oppose the interdict application because it’s important for South Africans to know the extent of the Gupta’s control of the South African government through their capture of Mr. Zuma.
“The EFF is of the view that none of the applications for a Court interdict hold water because the applicant will not suffer irreparable damage as there still exists an option for a judicial review of the findings and remedial actions of the Public Protector.
“South Africa cannot wait for another day to know what are the corrective measures on the phenomenon of State capture, which has been manifested in the recent past through the senseless criminal charges against the Minister of Finance and the Commander in Chief of the EFF Julius Malema,” stated the EFF.
On this, Judge Dawie Fourie suggested a preservation order — to keep the State Capture Report safe pending a decision of the court. Most of the parties agreed to this plan, with Bham describing it as “prudent”.
Van Rooyen’s counsel, Stephan du Toit SC, however, said the court should not make an order that would bind incoming public protector Busisiwe Mkhwebane — “when she is not here”.
Businesslive said the judge than stood the case down, so that all the parties could agree to a draft order, which would set out time frames for the exchange of court papers for the case to be heard next week, and for a preservation order.