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Zuma attacks Madonsela's state capture report

Picture credit: THULI DLAMINI
Picture credit: THULI DLAMINI

President Jacob Zuma has attacked a report released by former public protector Thuli Madonsela‚ accusing her of passing the buck by not completing an investigation into allegations of state capture.

Madonsela blamed the unfinished investigation on a lack of funds and recommended that a commission of inquiry be appointed to probe the allegations further.

 But Zuma’s lawyer‚ advocate Ismail Semenya‚ dismissed that argument as legally flawed.

Semenya told the Pretoria High Court on Tuesday that Madonsela had effectively delegated her constitutional responsibilities to a commission of inquiry.

Semenya said instead of making findings and ordering remedial action‚ Madonsela had directed the president to appoint a commission of inquiry.

Deputy judge president Aubrey Ledwaba asked whether Madonsela’s explanation that her office had no resources to investigate such a complex matter did not suffice.

Semenya responded that Madonsela could have asked parliament for assistance.

He also countered Ledwaba’s argument that Madonsela had said Zuma was personally implicated in state capture allegations and therefore could not direct the investigation.

“She cannot raise that allegation to a fact. She has not made a finding. It does not help her constraint that she cannot overstep her powers‚” Semenya argued.

Semenya earlier charged that Madonsela had overstepped her powers by directing Zuma to appoint a commission of inquiry‚ saying this was a constitutional prerogative of the executive authority‚ namely the president.

He said the public protector had no powers to offend the separation of powers.

Zuma is seeking to set aside Madonsela’s directive that he appoint a commission of inquiry to investigate allegations of state capture.

 The report recommended that the presiding judge of the commission be chosen by Chief Justice Mogoeng Mogoeng.

Madonsela released the report‚ titled State of Capture‚ in November last year‚ detailing allegations of an improper relationship between Zuma‚ some state officials and the controversial Gupta family.