Madonsela did not 'dictate': merely required Zuma to exercise his powers

The office of the Public Protector has poked holes in President Jacob Zuma’s assertion that the former incumbent‚ Thuli Madonsela‚ “dictated” to Zuma that he appoint a commission of inquiry into allegations of state capture.

Zuma’s advocate‚ Ismail Semenya‚ had argued in the high court in Pretoria earlier on Tuesday that Madonsela encroached on executive authority in directing Zuma to appoint the commission‚ saying this amounted to dictating to the president to do what the constitution empowered only him to do.

But counsel acting for the Public Protector‚ Advocate Vincent Maleka‚ said this interpretation was "oppressive" to the values of the constitution.

He said Madonsela’s remedial actions only required Zuma to fulfil his constitutional responsibility under section 84 of the constitution.

“…secondly‚ we will show that [Zuma] has a constitutional obligation to assist the Public Protector to take a remedial action that is effective‚ because the court would know that under [the constitution] all organs of state‚ including the president‚ have a constitutional obligation to assist the Public Protector and ensure that her functions and remedial actions are effective.

So when the Public Protector devised this remedy‚ she did not purport to dictate to the president‚ she required him to fulfil his constitutional responsibility or constitutional obligation to assist the Public Protector to give effectiveness to that remedy‚” Maleka argued.

He further argued that the interpretation that the constitution gave only the president the discretion to appoint a commission of inquiry was flawed.

“Because it means that it would be up to [Zuma]‚ in his absolute discretion‚ to decide when‚ how and on what terms he would establish the commission. In this case‚ the interpretation is even oppressive‚ because by all accounts everyone accepts‚ including the president‚ that there is a need to establish the commission‚” he said.

Maleka said that Zuma himself said in court that he was minded to appoint a commission of inquiry‚ not because he was dictated to‚ but because the issues raised in the Public Protector’s report were of sufficient public interest.

“Because it is constitutionally responsive and accountable to exercise that power... so the bottom line of our submission is that these proceedings‚ in this court‚ these words must mean something – and we simply suggest that the president must be taken on the face value of what he told this court under oath‚” he argued.

Zuma is seeking to set aside Madonsela's directive that he appoint a commission of inquiry to investigate allegations of state capture.

The report recommended that the presiding judge of the commission be chosen by Chief Justice Mogoeng Mogoeng. Madonsela released the report‚ titled State Of Capture‚ in November last year‚ detailing allegations of an improper relationship between Zuma‚ some state officials and the controversial Gupta family.

-SowetanLIVE