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By Gosebo Mathope

Journalist


Zuma files papers to appeal state capture report again

After being told his previous application for a review was 'reckless' and 'ill-advised', it is believed he now wants to challenge the entire state capture report.


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.

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.

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.

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.

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.

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.

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

 

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