Lawyers negotiate ‘preservation order’ for Thuli’s state capture report

14 October 2016 - 13:22 By Franny Rabkin

The public protector would not be releasing her state capture report on Friday - as a “courtesy to the court”‚ her counsel said in the Pretoria High Court on Friday morning. However‚ her counsel‚ Azhar Bham SC‚ said the report had been finalised and signed by Public Protector Thuli Madonsela.The report is the outcome of an investigation into complaints of an inappropriate relationship between the president‚ state officials and the Gupta family. Bham said the report did not make any findings or recommendations against Cooperative Governance Minister Des van Rooyen. The imminent release of the report saw a last-minute political showdown play itself out in urgent court - with opposition parties the Economic Freedom Fighters (EFF)‚ the United Democratic Movement‚ the Congress of the People and the Democratic Alliance all seeking to have their say.After Bham's assurance that the report would not be released‚ EFF counsel Tembeka Ngcukaitobi made a new application‚ on behalf of the EFF‚ asking to court to order that the report be released immediately. He expressed a concern that if there was a delay the report would not see the light of day.Madonsela threatened me, Jacob Zuma claimsPresident Jacob Zuma claims Thuli Madonsela threatened him and that is why he applied to have the courts stop her from releasing her report into allegations of state capture. Judge Dawie Fourie suggested a preservation order - to keep the report safe pending a decision of the court. Most of the parties agreed to this plan‚ with Bham calling it “prudent”.But Van Rooyen's counsel‚ Stephan du Tout SC‚ said the court should not make an order that would bind incoming public protector‚ Busisiwe Mkhwebane‚ “when she is not here”.The judge then stood the case down so that all the parties could agree to a draft order‚ which would set out timeframes for the exchange of court papers for the case to be heard next week‚ and for a preservation order. – TMG Digital/BusinessLIVE..

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.