Hearings for President Jacob Zuma’s application to review former public prosecutor Thuli Madonsela’s State of Capture report will commence on Tuesday at the North Gauteng High Court.
The president ignored the former public protector’s remedial action when he failed to appoint a commission of inquiry into allegations of state capture.
The case will continue for three days, whereby Zuma’s lawyers will present arguments to review Madonsela’s report.
Here are a few things you need to know about the application.
1. Zuma wants to nullify the state capture report
The president is requesting the report and requested that remedial action be dismissed, and claims Madonsela should conduct further investigations.
2. Zuma can’t appoint a judge to investigate himself
President Jacob Zuma’s application aims to reserve his presidential powers and to appoint a judge to investigate him. Former ANC MP Vytjie Mentor reportedly approached the Pretoria High Court to dismiss the president’s application.
She argued that Zuma’s interests are implicated by the State of Capture report, and was at the centre of the state capture allegations.
3. Zuma and Madonsela aren’t on the best of terms
During the former public prosecutor’s investigation, the president never made any effort to cooperate with her. Zuma actually obstructed Mandonsela’s inquest by delaying interviews and refusing to answer any relevant questions.
He then lied about not being interviewed by the former public protector and subsequently interdicted the report.
4. Public prosecutor Busisiwe Mkhwebane opposes the application
It appears as if Madonsela’s successor will see the hard work of her predecessor through. Mkhwebane believes Zuma’s application will be unsuccessful because of a conflict of interest. According to her, the president cannot be involved in a commission that he is incriminated in.
5. If Zuma’s application is unsuccessful, the report stands
The application could go either way, but if it is unsuccessful, Madonsela’s State of Capture report will stand as is. The commission of inquiry will subsequently be established according to her instructions in the report.