Zuma wants Thuli charged and cabinet reshuffled to sideline opponents

Public protector Busisiwe Mkhwebane has laid a criminal charge against her predecessor, Thuli Madonsela, following a complaint from President Jacob Zuma.

Mkhwebane said yesterday that she opened the case at the Brooklyn police station in Pretoria two weeks ago in connection with the "leaking" of an audiotape of an interview Madonsela had with Zuma during her "state capture" investigation.

Madonsela, who is out of the country, has admitted to giving the audiotape of her interview with Zuma to news channel eNCA. The recording is damaging for Zuma because it disproves his claim that he was never given a chance to put forward his side of the story.

The public protector opened the case with the police on November 11 2016, Mkhwebane said, because she believed handing over the audiotape was in contravention of the Public Protector Act.

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"A case has been opened with the Brooklyn police station because there is an investigation that needs to happen whether the leakage happened in violation of section 7(2) of the Public Protector Act because any information which is relevant to the investigation can only be made public with the permission of the public protector," Mkhwebane said.

Madonsela had finished her term as public protector when the audiotape was flighted on eNCA.

The Act states that "no person shall disclose to any person the contents of any document in the possession of a member of the Office of the Public Protector or the record of any evidence given before the public protector ... during an investigation, unless the public protector determines otherwise".

Section 11 of the Act says that any person who violates the provisions of section 7 shall be guilty of an offence for interfering with the functioning of the Office of the Public Protector.

"She didn't have permission from Mkhwebane to release that recording," a Presidency source said.

Mkhwebane confirmed that she acted after receiving "a complaint from the president", the national assembly and former ANC MP Vytjie Mentor.

Bringing a charge against Madonsela is seen as part of a defiant Zuma's fightback campaign against political opponents who want him axed from office.

Insiders say his multipronged strategy includes pressuring Mkhwebane to charge Madonsela, as well as going ahead with a cabinet reshuffle.

block_quotes_start This report has been dealt with in a very funny way. No fairness at all                                                  block_quotes_end

Zuma signalled his fightback plan in parliament this week as he defended the Gupta family and appeared to back calls for a probe into the closure of Gupta family business bank accounts.

Bongani Ngqulunga, Zuma's spokesman, confirmed yesterday that the Presidency had lodged a formal complaint with Mkhwebane. But he said it was up to her to investigate and decide if Madonsela had breached any law.

"All we did was lodge a complaint. It's up to the public protector to decide what to do," he said.

Madonsela was not available for comment yesterday.

The move is set to cause a political storm as it will be seen as a bid by Zuma to take revenge against a person who has been a thorn in his side during his presidency.

It comes as Zuma faces pressure from within the ANC to step down.

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On Friday, more than 100 party veterans succeeded in convincing the ANC's national working committee to hold a rare consultative conference, where Zuma's future will be discussed.

Zuma showed his irritation with Madonsela in parliament this week, telling MPs the former public protector had treated him unfairly.

He said she had overstepped the mark by instructing him to institute an inquiry headed by a judge selected by the chief justice. Zuma said only he had the authority to decide on judicial commissions.

"This report has been dealt with in a very funny way. No fairness at all. The manner in which the report comes in - makes recommendations in a matter that concerns some of us who are mentioned there. It is the president who has the right to appoint a commission."

On Friday he announced that he was going to take the State of Capture report on judicial review.

As the ANC's national executive committee meets this week - when it is expected to open the debate on the party's leadership succession - it has emerged that Zuma has been in consultation about a possible cabinet reshuffle. He is known to have consulted provincial leaders about removing Limpopo premier Stan Mathabatha and the Eastern Cape's Phumulo Masualle.

An ANC provincial chairman who is close to Zuma revealed that the president had been advised to wait until the January 8 address.

"How do you keep people in your cabinet who are working against you?" he asked.

The Sunday Times has learnt that, in preparing for the reshuffle, some officials in the Presidency have been instructed to profile ANC leaders earmarked for cabinet positions to avoid appointing people with no profile, as had happened when Des van Rooyen was made finance minister last December.

Cosatu general secretary Bheki Ntshalintshali said if Zuma wanted to remove Finance Minister Pravin Gordhan, he would have to explain his motive to the alliance.

DA leader Mmusi Maimane has slammed Mkhwebane's pursuit of Madonsela, saying this was confirmation of its suspicion she would be a pliable public protector.

mokonet@sundaytimes.co.za, mthethwab@sundaytimes.co.za, hunterq@sundaytimes.co.za