Zuma Must Appoint Commission of Enquiry Within 30 Days, And Pay PP’s Costs
PRETORIA – Judge President Dustin Mlambo ruled Wednesday that the prima facile evidence of alleged wrongdoing – uncovered by the former Public Protector (PP), Thuli Madonsela – justified the remedial action she ordered regarding the State of Capture report. Mlambo gave Zuma 30 days to appoint a Judicial Commission of Inquiry, with the Judge to be […]
PRETORIA – Judge President Dustin Mlambo ruled Wednesday that the prima facile evidence of alleged wrongdoing – uncovered by the former Public Protector (PP), Thuli Madonsela – justified the remedial action she ordered regarding the State of Capture report.
Mlambo gave Zuma 30 days to appoint a Judicial Commission of Inquiry, with the Judge to be appointed by Chief Justice Mogoeng Mogoeng.
He dismissed the President’s review application and setting aside of the State of Capture Report. He said the President is too conflicted – through his relationship with the Gupta family and his own son being implicated in the report – to fulfil the constitutional obligation. Zuma cannot control the State Capture Inquiry and it is totally appropriate for the Chief Justice to do so, he said.
Delivering his judgment at the North Gauteng High Court in Pretoria, Judge Mlambo said the allegations in former PP’s ‘State Capture Report’ are “extremely serious” and show that certain members of the government did not act in the public interest, as “required to do under the Constitution, but rather at the behest of a private family and to further its financial interests”.
The judge listed several revelations in the Report – including allegations made by former Deputy Finance Minister Mcebisi Jonas and former ANC minister Vytjie Mentor.
He said Jonas’ allegation that he was offered money and a ministerial position by the Gupta family, six weeks before Finance Minister Nene was replaced, has never been investigated by the President or any Executive member; and that only the President would have had prior knowledge of wanting to replace Nene.
The judge said if, as Mentor alleges, she was offered the position of Public Enterprises Minister in exchange for cancelling the SAA route to India, and that this offer was made by the Gupta family at their residence in Saxonwold, while the President was there, then it was with his knowledge.
He pointed out again that no evidence of action has been taken by the President or anyone in government to verify Mentor’s allegations.
Mlambo said the State Capture Report contains “compelling evidence” that the relationship had evolved into state capture, “underpinned by the Gupta family having power” to appoint state positions and influence state-owned enterprises.
He said that while the President has tried to delay the process, the issue of State Capture is a matter of great public concern with evidence of corruption; and that the PP had made her suggestions of remedial action because she did not have the resources to continue the investigation. Madonsela required at least R31-million for 16 additional investigators and costs for specialised services, plus her term was coming to an end and she was concerned that her successor would not be suitably qualified to continue the investigation in the manner required.
The judge said the President is not entitled to the relief that he seeks. He found that the remedial action outlined by Madonsela was “lawful, appropriate and rational” while the President’s action had been “reckless”.
To applause, he announced that the President’s application was a “non-starter” and must be dismissed with costs paid by the President in his “personal capacity”, including the costs of the PP’s conditional counter application.
He said the “President was ill-advised and ‘reckless’ in launching this application… the matter remains in the public domain and requires immediate action.”
Mlambo said the State Capture Report showed members of government displaying utter disregard for the law, at times “bordering on fraud”.
He said the application is dismissed, the remedial action is binding, and instructed the President to take all steps, sign all documents, and provide funding, required to launch a Commission of Inquiry within 30 days. The Commission must be headed by a judge – solely selected by the Chief Justice – and given the power to appoint his own staff and use the State of Capture Report as its starting point for the Inquiry.
The Report from the Commission must be presented to the President within 180 days.
The decision was unanimous and met with applause by those gathered in the court.