The report could get many down the line, however, president Jacob Zuma has refused to be forced and cowered to accept the the state capture report. The DA wants the High Court in Pretoria to force Zuma to comply with Madonsela’s findings because he did not apply for a stay of execution before he took the remedial action on judicial review.
Zuma has asked the court to review the remedial action.
In her remedial action‚ Madonsela directed that a commission of inquiry into the allegations of state capture be conducted and that Chief Justice Mogoeng Mogoeng appoint the sole judge to preside over the commission.
Zuma is arguing that this is unconstitutional because only the president can establish a judicial commission of inquiry.
The presidency said Zuma filed his answering affidavit in the DA’s matter on Monday.
“The legal advice obtained by the President is to the effect that he is in law not entitled to just comply with a report of the public protector if there are reasons to doubt its correctness‚” spokesman Bongani Ngqulunga said.
“To do so will amount to a mechanical response; this is irreconcilable with the logic and rights exercisable by a person adversely affected by such a determination.”
Ngqulunga said Zuma was further advised that the implementation of the remedial action in the current form would render academic the review application in its entirety.
The matter is set to be heard on September 12 and 13.
Zuma has been advised to bring a conditional application so that the “real dispute” in the review application receives the full attention of the court and further delays are avoided‚ he said.
“Should the court hold that the implementation of the remedial action can only be stayed by a court order‚ the president asked that an appropriate relief would be to afford him an opportunity to obtain such court order‚ within a time stipulated by the court and for the review to take its course‚” Ngqulunga said.