Embattled Public Protector Mkhwebane has called for an urgent inquiry into state capture report that found President Jacob Zuma guilty of involving in many scandalous practices.
The Public Protector made the call in her answering affidavit to a court application Zuma made in December to set aside former public protector Thuli Madonsela’s State of Capture report.
She also noted in the court papers that President Zuma has no right to attack the remedial actions set out by Madonsela or to choose the judge that will hear the inquiry.
Madonsela had recommended that Constitutional Court Chief Justice, Mogoeng Mogoeng nominate a judge for an inquiry into the allegations of undue influence in his government.
She cited insufficient resources as the reason why she couldn’t finish the investigation, thus making a recommendation for a judicial inquiry.
In the papers filed with the High Court in Pretoria on Tuesday, Mkhwebane further argued that there is no basis for Zuma to stop the implementation of Thuli’s recommendations pending the review.
In conclusion, the Public Protector told the court that the president’s approach is impermissible given that the remedial action should already have been complied with by December 2 last year.
The Pretoria High was asked by President Zuma in December 2016 to set aside Madonsela’s recommendation, saying the report was flawed.
Zuma argued that the former Public Protector has no constitutional right to order him to institute a commission of inquiry into state capture.
“This report has been dealt with in a very funny way. It affected me and many, no fairness at all. Even the manner in which the recommendations are made, it is the president who has the right to appoint a commission. No one, no matter what positions they hold, can instruct a president to appoint a commission,” Zuma said at the time.
The state capture report was released at the end of October. It detailed an alleged improper relationship between Zuma and the wealthy, politically connected Gupta family
Since her appointment, Mkhwebane has been accused of shielding Zuma from public criticism. Her latest challenge against Zuma on state capture is a shocker, especially to critics.
Hawu Pierre she has consulted her senior counsels & let's hope there is no typo issues this time around
— Tomasi (@1_tiboss) July 12, 2017
I don't trust this one and anything she says, does. We should all tread carefully when it comes to her.
— Tebogo (@ttbogoshi) July 12, 2017
— Pierre de Vos (@pierredevos) July 12, 2017
The Economic Freedom Fighters (EFF) on Tuesday called on the beleaguered Public Protector Mkhwebane to do the honourable thing and step down following her Reserve Bank recommendation debacle.