The EFF, UDM and Cope will now approach the high court to oppose President Jacob Zuma’s application to interdict the release of the “state capture” report.

The matter was due to be heard in the High Court on November 1, to be argued along with Cooperative Governance Minister Des Van Rooyen’s similar application.

Van Rooyen since filed a notice in the high court, stating he had no reason to continue with his application as former Public Protector Thuli Madonsela said she had made no adverse findings against him.

The DA had applied to oppose both Van Rooyen and Zuma, but the other three parties were only opposing Van Rooyen’s bid for an interdict.

EFF attorney Ian Levitt said his client would ask the court to argue its case in Zuma’s application.

New Public Protector Busisiwe Mkhwebane said in her court papers that she would not oppose Zuma’s application.

She was not in a position to advocate that the report, which her predecessor had prepared and finalised, be released, she said in an affidavit filed on Friday. Nor would she ask that Zuma get additional time to submit representations.

“In the circumstances, the appropriate course of action is to allow this court to decide whether or not the report should be released, or whether the president and Mr Van Rooyen should be given additional time within which to submit representations,” she said.