President Jacob Zuma would probably not get a “fair hearing” from retired Constitutional Court Justice Zak Yacoob.

The vocal critic of Zuma jokingly told Radio 702’s John Robbie on Thursday that it was no secret “whose side I am on” in the controversy around the release of report on state capture.

This was in response to a question on whether he would head the commission of inquiry which former public protector Thuli Madonsela recommended Zuma institute in her findings‚ which were made public on Wednesday.

Their release came a day after after Zuma‚ at the last minute‚ dropped his court bid to interdict the report.

Download a copy of the Public protector's state capture report

Yacoob‚ who attended the Save South Africa protest in Pretoria which coincided with the action in the High Court‚ agreed the case showed that the “checks and balances” of chapter nine institutions and the justice system were working – with reservation.

“They work to an extent‚ but the real problem is‚ that they shouldn’t have to work so hard‚” he said.

He said resources were being stretched by brinkmanship‚ as shown my Zuma‚ where matters are “being conceded at the last minute‚ it means a waste of court time‚ a waste of court money‚ and so on”.

Yacoob claimed the president’s interdict bid was against the wishes of the ruling African National Congress (ANC).

“The way I understand it‚ the ANC asked for the report to be released. I believe that the president was obliged to release the report politically‚” he said.

“But the problem is‚ it is not an open and transparent society. Everything has to be fought for. The courts get involved in many things. I would really hope that commonsense will prevail and people don’t bring the courts into every little case.”

Yacoob had‚ at Wednesday’s Save South Africa event at St Albans Cathedral‚ said to applause: “If I had to say now that Jacob Zuma’s hands are clean he would be the first to laugh at me. He knows his hands are dirty.”

– TMG Digital