JOHANNESBURG – President Jacob Zuma says the remedial action recommended in the state of capture report is unlawful as it straddles the separation of powers doctrine.
Zuma has asked the High Court in Pretoria to revert the report back for further investigation calling into question the remedial action.
He says it is unconstitutional for the Public Protector to tell him to set up a commission to decide whether it should be a judicial one and who should chair it.
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 report, which was released on 2 October, recommended that a commission should be setup within 30 days after the report has been released.
Thirty-three days later, Presidential spokesperson Bongani Nqulunga says the president would like the remedial actions set aside.
“He has asked the court to review and set aside the remedial actions contained in the state of capture report.”
Political analyst Ralph Mathekga says the courts may find the issue difficult.
“It become very difficult for people or maybe the courts to be certified that subsequently he will be the rightful person to actually implement those remedial actions.”
Last week, the president did announce that he will be taking the remedial actions in the Public Protector’s report on review.
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