Public Protector to get legal opinion this week on Zuma’s state capture review

Public Protector Busisiwe Mkhwebane will be getting “a legal opinion” this week on whether or not to oppose President Jacob Zuma’s review of her predecessor Thuli Madonsela’s State of Capture report.

Mkhwebane on Monday denied reports that she was siding with Zuma‚ who is opposing Madonsela’s order that Chief Justice Mogoeng Mogoeng appoint the judge to chair to inquiry.

In an interview with the Sunday Times‚ Mkhwebane said she believed that any judge‚ even one appointed by Zuma‚ would be capable of investigating the Gupta family's alleged influence on Zuma's cabinet‚ because the judiciary was independent.

• READ MORE: Protector backs Zuma on GuptasPublic protector Busisiwe Mkhwebane is backing President Jacob Zuma's argument that Thuli Madonsela's recommendation that the chief justice should appoint a judge to head the inquiry into state capture is flawed.

This is seen as a clear indication that Mkhwebane is likely to withdraw her notice to oppose Zuma‚ the newspaper reported.

But‚ she told Radio 702 on Monday morning: “Now I indicated that we are giving‚ we have given ourselves time to consult enough to prepare a well-informed affidavit whether to oppose or not to oppose‚ that was based on the fact that the opposition was to comply to the court rules‚ so purely based on that and nothing else.”

When pressed‚ she said: “I have opposed to comply with court rules‚ and I indicated that we have requested the legal opinion from senior counsel‚ with the attorneys of record‚ and then I will respond soon on where we are going.

• READ MORE: Public Protector: I've had a rocky startPublic Protector Busisiwe Mkhwebane will oppose President Jacob Zuma's application to the High Court that it review the State of Capture report compiled by her predecessor, Thuli Madonsela - but she could reverse her position,depending on legal advice.

“In fact‚ if we didn’t respond‚ it would be to our disadvantage‚ as an institution‚ therefore we also needed to be given time to prepare our documentation and prepare our affidavit to indicate our intention to oppose‚ and then we give enough information to say what are the reasons for us to that effect.”

Mkhwebane said she understood the frustrations of the public‚ but said the legal opinion was expected this week.