Thuli pleaded with Zuma for three hours but no deal

When former public protector Thuli Madonsela walked in to President Jacob Zuma's official residence Mahlamba Ndlopfu in Pretoria 10 days ago, she was hoping he would answer her 42 questions so she could conclude her state capture investigation. But she left empty-handed.

The Sunday Times can reveal that Madonsela pleaded with Zuma for more than three hours. Twice she offered the president and his legal team the chance to caucus in private.

Zuma instead asked Madonsela to hand him the questions, and promised he would respond by Monday.

A source close to Madonsela said the former public protector was "duped" into handing over the questions after Zuma had made the commitment.

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In an exclusive interview with the Sunday Times on Friday, Madonsela said she was surprised when Zuma reneged on his commitment, and on Thursday instead served her with notice that he was applying to interdict her from releasing her report on state capture.

"I was very surprised by the turn of events. I honestly don't know what happened between that Thursday and Monday. Maybe they will tell the court what happened," she said.

The president's notice effectively barred Madonsela from releasing her most anticipated report pending a decision by the High Court in Pretoria this Tuesday whether to grant Zuma the interdict or not.

And he is not the only one to be accused of dodging Madonsela.

Sources close to the investigation claim that Zuma's son Duduzane told the public protector's office last week he was not available to be questioned as he was out of the country for a few weeks.

"Duduzane refused any telephonic interview or even to be questioned via Skype.

"He also refused to submit any affidavit until he is back in South Africa," a source said.

Zuma's spokesman Bongani Ngqulunga said yesterday the president had never refused to answer questions from the public protector.

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"He has asked to be given adequate time to answer comprehensively various questions posed to him, some touching on matters dating back as early as 2009. The questions required him to speak to at least 21 people identified.

"All he has asked for is to be given adequate time ... He has also asked to be given access to certain information as provided for in the Public Protector Act."

But sources close to Madonsela said Zuma had tricked her.

"Zuma as a commander in chief launched a political coup d'état against Thuli and stole the thunder from under her feet with his legal action.

"He knew very well that Friday was her last day in office."

The source said someone from Zuma's office phoned the lead investigator around lunch time on Thursday and informed him of the president's decision to interdict the release of Madonsela's report.

"The president's notice was e-mailed shortly after the phone call. That's when all hell broke loose as we were all taken aback by Zuma's actions.

"He didn't even have the balls to phone the public protector and inform her of his decision."

The source said Madonsela honestly believed Zuma was going to answer some of her questions, if not all.

"Zuma doesn't need legal advice to answer what his relationship with the Guptas is, or whether he is doing business with them."

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Within hours of receiving Zuma's papers, Madonsela was slapped with another notice of an intention to interdict her by Co-operative Governance Minister Des van Rooyen, who had received a list of questions on Monday. He claimed he had not been given enough time to respond.

Zuma in December fired finance minister Nhlanhla Nene and appointed Van Rooyen.

The BBC reported on Friday that cellphone evidence showed Van Rooyen had spent the night before his appointment "drinking tea" at the Gupta compound in Saxonwold, Johannesburg.

Van Rooyen reportedly arrived on the first day at his new position as finance minister with two "advisers", Mohamed Bobat and Ian Whitley, allegedly hand-picked by the Guptas.

Van Rooyen's spokesman Legadima Leso yesterday said he could not comment on the BBC report as he could not get hold of the minister, who was out of the country.

Madonsela told the Sunday Times on Friday she had also "heard about the cellphone evidence against Van Rooyen but I haven't seen it".

Advocate Busisiwe Mkhwebane began her term as public protector on Saturday.

mzilikazi@sundaytimes.co.za