Parliament Weighs In On Zuma's State Capture Terms

Parliament’s portfolio committee on justice and correctional services says the terms of reference must be based on the Public Protector's remedial action.
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President Jacob Zuma.
Sumaya Hisham / Reuters

Parliament's portfolio committee on justice and correctional services has advised that the terms of reference outlining the scope of President Jacob Zuma's judicial commission of inquiry into state capture should focus on the recommendations set out by former public protector, Thuli Madonsela.

The committee's chairperson, Mathole Motshekga, said the president must issue the terms of reference as a matter of urgency and that "it must be based on the remedial action of the Public Protector's report".

In a statement on Wednesday, Motshekga said a debate about who is responsible for issuing the terms of reference cannot be entertained.

"The deputy chief justice [Raymond Zondo] and the president have a responsibility to ensure that the remedial action of the Public Protector is not amended," Motshekga said.

"The Constitutional Court has interpreted the remedial action and it is now up to all South Africans to ensure accountability and not up to political interest groups to contest the timing or scope."

The department of justice and constitutional development said on Wednesday that it is currently processing the publication of the terms of reference in the Government Gazette. The terms are expected to be made public on Thursday.

The terms of reference outline the focus of the probe – in this case, whether it should focus solely on the state capture identified by former public protector Thuli Madonsela, whether it should include the leaked Gupta emails, or whether it should expand to cover apartheid-era corruption as well.