Picture by Nosipho Langa

The Democratic Alliance has lost in it’s bid to force the President, Jacob Zuma to implement the public protector’s, Thuli Madonsela remedial action contained in the state of capture report.

President Jacob Zuma is “helping himself” by not speedily appointing the judicial commission of inquiry to probe state capture as recommend by former Public Protector Thuli Madonsela, North Gauteng High Court, Pretoria heard on Tuesday. This was pending his legal challenge against recommendations, Zuma had launched a separate review application against Madonsela’s recommendation that he establishes a commission of inquiry and that Chief Justice Mogoeng Mogoeng choose a judge to preside over it.

Zuma took issue with this remedial action and is set to challenge it in the courts next month. He believes the Public Protector has no right to tell him who should appoint a judge that would head up the inquiry.

But the judges at the Pretoria High Court dismissed the DA’s application on Friday pending Zuma’s review of the remedial action which is set to take place in October.

Judge Makume said it would not be in the interest of justice to compel Zuma to appoint a commission of inquiry into state capture without a review taking place.

The DA and Public Protector will have to pay the costs for the case.


“We are not disappointed by today’s outcome. What happens now is that we have to wait for the review application, but should the review application fail, the order that we sought will be immediately implemented,” James Selfe, the DA’s federal chairperson said.


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