State capture inquiry - but on Zuma's terms

President Jacob Zuma says he has committed himself to setting up a commission of inquiry into state capture within 30 days - if former public protector Thuli Madonsela's State of Capture report is set aside by the High Court.

In papers filed in the Pretoria High Court, Zuma's lawyers argue that Madonsela's entire report should be set aside.

"Having announced an intention to appoint a commission of inquiry, it is recorded that the president will proclaim a commission of inquiry within 30 days of the date of this order," they told the court.

Madonsela's report recommends that a commission of inquiry be set up to investigate state capture headed by a judge chosen by Chief Justice Mogoeng Mogoeng.

Zuma had told the court that Madonsela had "outsourced" her function to the judiciary and the new public protector, Busisiwe Mkhwebane, should continue the state capture investigation.

But last week, his advocate, Ishmael Semenya, said Zuma did not want the court to rule that the report be sent back to the public protector for further investigation.

Zuma now wants the court to remit the investigation into his alleged ethics violations in relation to state capture back to the public protector.

Effectively, Zuma wants the court to set aside Madonsela's report on the premise that he will institute his own commission of inquiry "in good faith".

The DA has vehemently opposed this, telling the court that Zuma does not want a state capture investigation unless he has full control of it and can set the terms of reference.

"This reveals that the president's purpose in bringing this application is to ensure that the [issues] raised in the public protector's report - which implicate him, 'his friends' and his family are not investigated at all - unless he gets to pick both the person to do the investigating and the terms of reference for the investigation."

The DA said this would be wrong and unconstitutional and Zuma should be ordered to comply with Madonsela's remedial action.