DA loses bid to force Zuma to implement state capture report

The Pretoria High Court held that it would not be in the interest of justice to compel President Zuma to appoint the commission before his application to review then Public Protector Thuli Madonsela’s findings. 

The review is set to be heard in October. 

Judge Motsamai Makume said the application raises important legal and constitutional issues and that the court can’t compel the president to appoint a judicial commission of inquiry until the review is heard.

“The matter is of great public interest.  To compel the president at this stage will not only amount to deny him a hearing or his day in court but also that the Public Protector’s powers are unassailable irrespective of the content of her decision. That cannot be correct.” 

Makume also ruled that the DA failed to demonstrate that any harm would be caused if the inquiry isn’t appointed immediately.

“The applicants failed to demonstrate what prejudge or harm will follow if the president does not appoint a commission now, ten months after the report by the public protector. Nothing has happened in the last ten months.

“It will therefore not make any difference if the commission is appointed after the review is heard should the president fail in his application to set aside the remedial action.”