The application on Friday by Cooperative Governance and Traditional Affairs Minister Des van Rooyen to stop the release of the public protector’s preliminary report into allegations of state capture seems likely to be postponed.
Pretoria High Court Judge Dawie Fourie suggested to counsel for Van Rooyen that the case be postponed to coincide with another hearing set for next Tuesday‚ sought by President Jacob Zuma to stop the release of the report.
Public Protector Thuli Madonsela‚ who was set to release the report on Friday during her last day of office‚ was served with two separate applications on Thursday‚ which sought to interdict her from releasing the report.
The approach suggested by Fourie came because four political parties — the Economic Freedom Fighters (EFF)‚ Democratic Alliance (DA)‚ United Democratic Movement (UDM) and the Congress of the People (Cope) — wanted to intervene against the application by Van Rooyen.
Counsel for the EFF‚ Tembeka Ngcukaitobi‚ expressed fear that if the report was not released on Friday‚ the last day of office for Madonsela‚ there was a possibility it might not be released by new Public Protector Busisiwe Mkhwebane.
Fourie suggested that since the EFF and other parties still had to serve papers to apply for intervention‚ was it not practical for the court to grant an order that the report be preserved pending the finalisation of Zuma’s application.
Fourie asked the public protector’s counsel‚ Azhar Bham SC‚ what his position on the preservation order was. Bham agreed with the suggestion.
Dali Mpofu SC‚ for the UDM and Cope‚ said the suggestion of the preservation order was attractive to his clients.
“The preservation order is a practical solution‚” Mpofu said.
Mpofu also said there was a dissimilarity in the applications by Zuma and Van Rooyen.
Van Rooyen objected to the report being released in so far as it implicated him‚ whereas Zuma objected to the release of the report because he needed more time to respond to the public protector’s question‚ Mpofu said.
The president’s counsel‚ Anthea Platt SC‚ agreed with the idea of a preservation order.
However‚ Van Rooyen’s counsel‚ Stephan du Toit SC‚ expressed concern about the preservation order as she felt it bound the future public protector who was not before court.
“That seems to be unfair to her. I have a difficulty with an order which binds someone who is not here‚” Du Toit said.
Fourie allowed the parties time to draft an order‚ to allow the political parties to join in the application by Van Rooyen‚ and prepare all affidavits so that the matter could be ripe for hearing on Tuesday.
Du Toit said direct and substantial interest must be shown by the political parties which sought to intervene in Van Rooyen’s application.
The matter continues. — TMG Digital
Preservation order would unfairly bind incoming public protector to state capture report: Van Rooyen’s lawyer
The application on Friday by Cooperative Governance and Traditional Affairs Minister Des van Rooyen to stop the release of the public protector’s preliminary report into allegations of state capture seems likely to be postponed.
Pretoria High Court Judge Dawie Fourie suggested to counsel for Van Rooyen that the case be postponed to coincide with another hearing set for next Tuesday‚ sought by President Jacob Zuma to stop the release of the report.
Public Protector Thuli Madonsela‚ who was set to release the report on Friday during her last day of office‚ was served with two separate applications on Thursday‚ which sought to interdict her from releasing the report.
The approach suggested by Fourie came because four political parties — the Economic Freedom Fighters (EFF)‚ Democratic Alliance (DA)‚ United Democratic Movement (UDM) and the Congress of the People (Cope) — wanted to intervene against the application by Van Rooyen.
Counsel for the EFF‚ Tembeka Ngcukaitobi‚ expressed fear that if the report was not released on Friday‚ the last day of office for Madonsela‚ there was a possibility it might not be released by new Public Protector Busisiwe Mkhwebane.
Fourie suggested that since the EFF and other parties still had to serve papers to apply for intervention‚ was it not practical for the court to grant an order that the report be preserved pending the finalisation of Zuma’s application.
Fourie asked the public protector’s counsel‚ Azhar Bham SC‚ what his position on the preservation order was. Bham agreed with the suggestion.
Dali Mpofu SC‚ for the UDM and Cope‚ said the suggestion of the preservation order was attractive to his clients.
“The preservation order is a practical solution‚” Mpofu said.
Mpofu also said there was a dissimilarity in the applications by Zuma and Van Rooyen.
Van Rooyen objected to the report being released in so far as it implicated him‚ whereas Zuma objected to the release of the report because he needed more time to respond to the public protector’s question‚ Mpofu said.
The president’s counsel‚ Anthea Platt SC‚ agreed with the idea of a preservation order.
However‚ Van Rooyen’s counsel‚ Stephan du Toit SC‚ expressed concern about the preservation order as she felt it bound the future public protector who was not before court.
“That seems to be unfair to her. I have a difficulty with an order which binds someone who is not here‚” Du Toit said.
Fourie allowed the parties time to draft an order‚ to allow the political parties to join in the application by Van Rooyen‚ and prepare all affidavits so that the matter could be ripe for hearing on Tuesday.
Du Toit said direct and substantial interest must be shown by the political parties which sought to intervene in Van Rooyen’s application.
The matter continues. — TMG Digital
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