DA heads to Concourt over state capture inquiry
The DA has filed papers in the Constitutional Court to seek a declaratory order that President Jacob Zuma has violated his constitutional obligations in not giving effect to the remedial action set out in the former Public Protector's State Capture report.
Thuli Madonsela's report says President Zuma should establish a commission of inquiry by 2 December 2016.
"The Public Protector's remedial action in the State of Capture report required the President to appoint a commission of inquiry headed by a judge selected by the Chief Justice within 30 days of the release of the report, in order to further investigate matters of State Capture, particularly areas which the Public Protector was unable to due to time and financial constraints. The President has failed to do so, and is thus once again in breach of the Constitution," says DA leader Mmusi Maimane.
Maimane says the application seeks the Constitutional Court to compel President Zuma to give effect to this remedial action and appoint the commission within 10 days of the order of the court.
The leader of the opposition says the party's legal team wrote to President Zuma on 25 November alerting him to the fact that his intention to institute review proceedings against the report would not absolve him from having to comply with the remedial action within the reports' specified timeframes.
"The President's response to this letter was dismissive, leaving us with no choice but to seek a court order. Indeed, his conduct is a breach of Section 181 (3) of the Constitution which requires all organs of state to 'assist and protect'? Chapter Nine institutions and ensure their 'independence, impartiality, dignity and effectiveness'," says Maimane.