Zuma said to be dragging feet on State of Capture report

The president has lodged an application in the High Court to have the State of Capture report reverted to the Public Protector.

JOHANNESBURG – Constitutional law expert Marinus Wiechers says President Jacob Zuma may be looking at dragging the implementation of the remedial action contained in the State of Capture report by applying for a court order.

The president has lodged an application at the High Court in Pretoria to have the State of Capture report reverted to the Public Protector for further investigation.

In his founding affidavit, the president says the remedial action was unlawful as it straddles the separation of powers doctrine.

Wiechers says just like the Nkandla judgment presented by the courts that the Public Protector’s remedial action and instructions should be carried out, the State of Capture report is no exception.

“The Public Protector has remedial actions, she can, she may instruct.”

He says this may be a delaying tactic by the president and his legal team.

“It’s very obvious that this is a method to drag this issue for more time.”

Zuma’s lawyers argue it is unconstitutional for the Public Protector to tell the president to set up a judicial commission and decide who should chair it within 30 days.

The report was released last month, and 34 days later President Zuma is challenging the decision in court.

Among the recommendations, which Zuma would like to have reviewed is that Chief Justice Mogoeng Mogoeng should appoint a judge to chair the commission.

'THE LAST KICK OF A DYING HORSE'

The Democratic Alliance (DA) at the weekend said Zuma’s application against the State of Capture report is a desperate move to delay the inevitable.

The party says it will oppose Zuma’s court application to have the report set aside and reviewed.

Last month, the DA laid corruption charges against Zuma and other officials implicated in the report.

The DA has described Zuma’s application as a desperate move calling it 'the last kick of a dying horse'.

In a statement the party says the president is delaying the inevitable after being rejected by the electorate and some members of the African National Congress (ANC).

The DA says it wants to ensure that Zuma is held accountable for abusing his power by enriching himself at the expense of the poor.

(Edited by Leeto M Khoza)