Opinion

Q&A with Thuli Madonsela on Zuma and state capture

Thuli Madonsela gave President Zuma one month to establish a commission of inquiry into state capture under an independent judge. A year later we're still waiting. Chris Barron asked her

12 November 2017 - 00:00 By Chris Barron

Is Zuma in violation of the constitution?
That's my view.
Why?
He's violated section 237 of the constitution which says that constitutional responsibilities should be given priority and attended to diligently ... the moment he was put on notice that state resources were being stolen and state processes perverted for personal gain he had a responsibility to investigate.
Any other sections?
He has a duty in terms of section 195 of the constitution to investigate wrongdoing. And in terms of section 184, to help the public protector to be effective. To delay implementation of the public protector's decision by a whole year is a violation of the constitution.He says he will appoint an inquiry but doesn't want to be part of it?
The essence of the allegations [of state capture] is about him. To remove him from the equation doesn't make sense to me.
Is he making a mockery of the constitution?
It appears so. The rule of law is not about using the letter of the law to avoid accountability. It is about obeying the spirit of the  law, which requires him to be answerable for his actions. He has done everything in his power to be unanswerable or to delay accountability.
Is this an admission of guilt?
It suggests he doesn't want to be answerable. And the question has to be why.
What can be done, and who should be doing it?
Every person. South Africans should stop complaining and make sure that people are answerable. This is making a mockery of the country. Everywhere you go people say: "You've got the best constitution in the world. Why is it that you can't hold your president accountable?"
Should parliament have intervened?
It should have held the president accountable to appoint a commission of inquiry fast. Not one year down the line after the evidence and the money is gone...

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