South African Public Protector Busisiwe Mkhwebane
EC Village Verification

South Africa President Jacob Zuma has no grounds on which to attack the remedial action former public protector Thuli Madonsela set out in her State of Capture report, her successor says in court papers.

His application for a court to review and set aside Madonsela’s recommendations lacks any prospect of success, Busisiwe Mkhwebane says in an affidavit filed with the High Court in Pretoria.

There is no basis to stop the implementation of the recommendations pending the review, she argues.

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In December 2016, Zuma asked the High Court in Pretoria to set aside Madonsela’s recommendations. These included that the Chief Justice should appoint a judge to chair a commission of inquiry into allegations of state capture.

Mkhwebane further argues that Zuma cannot decide who will chair the commission as he has a direct personal or financial interest in its outcome.

She says Zuma’s approach is impermissible given that the remedial action should already have been complied with by December 2 last year.

Madonsela investigated allegations that Zuma’s friends, the Gupta family, offered government officials, including ANC MP Vytjie Mentor, Cabinet posts in exchange for government tenders and other favours.

Zuma allegedly allowed his son Duduzane and the Guptas to be involved in appointing board members of state-owned enterprises, and to be involved in Nhlanhla Nene’s removal as finance minister in December 2015.