Zuma’s state capture application dismissed by High Court

Zuma’s state capture application dismissed by High Court

President Jacob Zuma's bid to review and set aside former Public Protector Thuli Madonsela’s State of Capture report has been dismissed at the High Court in Pretoria.

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Image: Twitter/ @PresidencyZA

In 2016, Madonsela compiled a report outlining allegations of improper relations between Zuma, some state officials and the controversial Gupta family.


The report recommended that President Zuma appoint a commission of inquiry to probe the allegations of state capture. 


Madonsela also ordered that the judge heading up the commission be appointed by Chief Justice Mogoeng Mogoeng, and not President Zuma, since the president is implicated in the report.  


In the ruling, Gauteng Judge President Dunstan Mlambo described the president's application as "ill-advised and reckless".


Mlambo said Madonsela's recommendation that a judicial commission of inquiry into state capture be instituted is binding.

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Mlambo added that due to the fact that the president is implicated in the state capture allegations, Zuma's prerogative to appoint judges in a commission of inquiry be set aside.


President Zuma will have to pay the costs of the application out of his own pocket.


Mlambo also described the application as a delaying tactic.


Mlambo gave the president 30 days to set up the commission which will be headed by judge solely appointed by Chief Justice Mogoeng Mogoeng.

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