Zuma taken to Constitutional Court for ignoring Madonsela again

The DA has approached the Constitutional Court for a declaratory order that President Jacob Zuma violated his constitutional obligation by not giving effect to the remedial action in the State of Capture report.

The opposition party filed its court papers on Monday‚ DA leader Mmusi Maimane said.

Former public protector Thuli Madonsela’s report on state capture was made public last month by order of the High Court in Pretoria.

The report found that Zuma may have violated the executive ethics code.

In her remedial action‚ Madonsela directed that a judicial commission of inquiry be set up and a sole judge be appointed by Chief Justice Mogoeng Mogoeng.

Zuma last week launched his court case to set aside the report. He wants the court to order that the matter to be sent back to newly-appointed Public Protector Busisiwe Mkhwebane for “further investigation”.

Maimane on Monday said by not adhering to Madonsela’s remedial action within 30 days‚ Zuma had breached the Constitution.

December 2 was 30 days since the report was made public.

“Our application seeks the Constitutional Court to compel President Zuma to give effect to this remedial action and appoint the commission within 10 days of the order of the court‚” he said.

This was after the DA’s legal counsel wrote to the President’s office on November 25 telling him that his intention to institute review proceedings against the report would not absolve him from having to comply with the remedial action within the report’s specified timeframes.
Maimane said Zuma would have had to have obtained a court order to stay or suspend this obligation.

“The President’s response to this letter was dismissive‚ leaving us with no choice but to seek a court order.
“Yet again‚ President Zuma has violated the Constitution‚ and his Oath of Office‚ all in the bid to protect himself from being held accountable for the mafia state he has tried to build‚” Maimane said.

In his application for a review of the report‚ Zuma said in his affidavit that it was unconstitutional for the public protector to order the president to establish a commission‚ to decide that it should a be a judicial one and to prescribe timelines.
He said the power to appoint commissions of inquiry under the Constitution was wide and unqualified. The public protector cannot instruct the president to exercise that power in a particular manner and timeframe. Rand Daily Mail