President Jacob Zuma has launched an appeal against a Pretoria High Court judgment that reaffirmed former public protector Thuli Madonsela's "State Of Capture" report recommendations –– effectively delaying further the establishment of a judicial commission of inquiry.
News24 reported that Zuma's lawyers filed court papers on Friday that claim the court erred in its decision.
Last week, the court dismissed Zuma's legal bid to have Madonsela's recommendations set aside. He was also ordered to pay the legal costs of the parties involved from his own pocket.
Madonsela had recommended, because her office did not have the capacity and her term of office was ending, that Zuma appoint a judicial commission of inquiry to investigate the matter further. But because of Zuma's conflict of interest in the matter, she added that the judge presiding over the investigation should be appointed by the chief justice.
Judge-President Dunstan Mlambo agreed that Zuma alonehas the power to appoint commissions, but said this power given to him by the Constitution cannot be viewed in isolation of other laws.
He also agreed that Madonsela's powers in terms of her remedial action are dependent on the type of investigation her office undertakes –– and that this case is an exceptional one for obvious reasons.
Zuma is now arguing, among other things, that:
- the court erred in holding that the public protector can issue remedial action on prima facie evidence,
- the court found that the report made factual findings, when it didn't,
- the court was wrong in holding that the principle of recusal applies to this case.