Constitutional expert: State capture inquiry cannot be too broad
Director at the Centre for Constitutional Rights, Phephelaphi Dube, the terms of reference for the judicial commission of inquiry into state must be rational.
President Jacob Zuma announced the commission earlier this week and will also be tasked with drawing up the terms of reference.
Dube says the scope given to the commission's chair, Deputy Chief Justice Raymond Zondo, by President Zuma must be rational and in public interest.
Various civil society organisations and political parties have called on Zuma to follow the recommendations made by former Public Protector Thuli Madonsela in her State of Capture report, and not to broaden the inquiry.
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Dube says although Zuma has the prerogative to do so, he will not be allowed to irrationally decide the terms of reference.
"We need to bear in mind that the commission of inquiry is being set up in terms of a court and reading the court order we do see some of the parameters in which the commission should operate. The order states that the commission should at the very least look into the allegations of impropriety, involving the President and certain state-owned enterprises."