Zuma abandons significant part of state capture review application

President Jacob Zuma has abandoned a significant part of his review application in the Pretoria High Court‚ leaving his case in limbo.

His lawyers have told the court that he no longer wants former Public Protector Thuli Madonsela’s State of Capture report referred back to her successor‚ Busisiwe Mkhwebane‚ for further investigation.

Adv Ishmael Semenya‚ who was arguing on behalf of Zuma‚ told the court that Zuma had dropped this request which had formed a significant part of his case.

Among Zuma’s criticisms of Madonsela’s findings was that she had rushed her report.

Semenya said that if the review application did not succeed‚ it would mean the remedial action stands as is.

If the review however did succeed and the remedial action is set aside‚ it is not clear what would happen‚ as there is no direct indication from Zuma that he will definitely institute a judicial commission of inquiry into the allegations around state capture‚ as the remedial action states should happen.

Zuma had asked the court to review the remedial action as he argues that the public protector does not have the power to dictate to him what to do with his executive powers.

The Public Protector said Chief Justice Mogoeng Mogoeng should select a judge to head up the judicial commission of inquiry‚ as the president might be conflicted.

Zuma also requested that if the remedial action is reviewed and set aside‚ the State of Capture report must then go back to the Pubic Protector for further investigation.

This is thus no longer the case.

Legal teams for Zuma‚ the Public Protector and opposition parties argued the matter on Tuesday and Wednesday.