Zuma files papers to appeal state capture report again

President Jacob Zuma has filed papers in the North Gauteng High Court in Pretoria seeking leave to appeal a court ruling ordering him to set up a judicial inquiry into state capture.

BREAKING: President Zuma says High Court wrong to order him to pay costs of #StateCapture case – because he was not joined "in his personal capacity". pic.twitter.com/a64UtGLQXW

— Karyn Maughan (@karynmaughan) December 22, 2017

Reports emerging this afternoon point out that after a full bench ruled that Zuma’s application to review former Public Protector Thuli Madonsela’s recommendations into state capture was “ill advised” and reckless, Zuma is understood to be now asking the court to rule that the recommendation to set up a judicial commission of inquiry was unlawful.

President Zuma's lawyers arguing High Court was wrong to say he was ill-advised and reckless to challenge @ThuliMadonsela3 #StateCapture report – when Constitutional Court has stated that government should approach courts when there is uncertainty over PP remedial action. pic.twitter.com/y2qLiUtRr6

— Karyn Maughan (@karynmaughan) December 22, 2017

The December 13 judgement dealt mainly with the executive authority to appoint the chairperson of the commission. Madonsela had recommended that Jacob Zuma delegate the responsibility to appoint the chairperson to Chief Justice Mogoeng Mogoeng as he was compromised by virtue being a subject of that inquiry as head of state.

President arguing that #Nkandla ruling made it clear court's should be approached over uncertainty re @PublicProtector reports. How can he be reckless to do so over #StateCapture report, he says. pic.twitter.com/gVdFQN8k7C

— Karyn Maughan (@karynmaughan) December 22, 2017

The full bench, led by North Gauteng Judge President Dunston agreed with Madonsela that Zuma can not appoint head of commission to probe allegations against him but disagreed the choice of Mogoeng to do so. Instead, it apportioned that specific executive authority to deputy president of the country, Cereal Ramaphosa.

This is the heart of President's bid to appeal #StateCapture rulings:
High Court wrong, he says, to find that he is too conflicted to appoint #StateCapture judge – and that CJ Mogoeng must do so.
He says this offends separation of powers doctrine. pic.twitter.com/rUgjgeadz8

— Karyn Maughan (@karynmaughan) December 22, 2017

During the ANC’s 54 National Conference held in Nasrec recently, both the commissions that dealt with ‘organisational renewal’ and ‘constitutional amendments’ resolved that a judicial commission of inquiry be expeditiously established.

IMPORTANT: President Zuma continues to insist that his alleged ethical breaches linked to #StateCapture must be investigated by the @PublicProtector – NOT the inquiry. pic.twitter.com/tu3aaMSazT

— Karyn Maughan (@karynmaughan) December 22, 2017

Dr Mathole Motshekga and Fikile Mbalula told the post-commissions media conference that the national executive committee (NEC) of the ANC has been tasked with determing the terms of reference of such a commission.

So he’s defying #ANC54 conference resolution for state capture commission to be appointed “expeditiously”? https://t.co/aCKc4Q0tz2

— Ranjeni Munusamy (@RanjeniM) December 22, 2017

Presidential spokesperson Dr Bongani Nqulunga was unavailable for comment. This is a developing story.

BREAKING: President Zuma lawyers say High Court wrong to say that Public Protector can order remedial action when confronted by prima facie evidence of #StateCapture
She must make findings to order such action. pic.twitter.com/MzMrlxt6GK

— Karyn Maughan (@karynmaughan) December 22, 2017

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