Public Protector Mkhwebane says that President Zuma is precluded from retaining control over a state capture commission of inquiry because he is personally implicated in the allegations to be investigated by the commission.
JOHANNESBURG - Public Protector Busisiwe Mkhwebane has argued that it is impermissible for President Jacob Zuma to retain any control over a state capture judicial commission of inquiry, including choosing the judge, because he has been directly implicated in wrongdoing.
This is among the Public Protector's submissions in her answering affidavit to Zuma's application to stay the implementation of the State of Capture remedial action until a review the report is completed.
Former Public Protector Thuli Madonsela’s remedial action compelled the president to allow the Chief Justice to appoint a judge to preside over a state capture commission of inquiry.
But Zuma argues that the decision to establish an inquiry and who leads it is his and that he is abdicating his Constitutional responsibility if done otherwise.
Advocate Mkhwebane says that President Zuma is precluded from retaining control over a state capture commission of inquiry because he is personally implicated in the allegations to be investigated by the commission.
She says all seven issues concerning the breach of the Ethics Act identified as relevant for investigation directly implicate the president.
Mkhwebane also refers to sections of the Constitution, which further precludes Zuma from having control over the commission because he is alleged to have direct personal or financial interest in its outcome.
The advocate says that Zuma's review application lacks any prospect of success.