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'State capture commission is going to be in a very powerful position'

2 November 2016 9:15 PM

Constitutional law expert Phephelaphi Dube analyses the approach that was followed leading to the release of the State Capture report, and what happens next.

A Constitutional law expert says that a commission of inquiry into state capture will be in a very powerful position as it would have powers that are no less than those of the Public Protector.

The findings would be binding, but of course only binding to the extent that they're subsequently not reviewed by a court

Phephelaphi Dube, Director at the Centre for Constitutional Rights

In her 355-page report on allegations of the Gupta family's influence over President Jacob Zuma and the appointment of Cabinet Ministers, former Public Protector Thuli Madonsela recommends a commission of inquiry into the state capture issues investigated in the report, to be headed by a judge solely appointed by the Chief Justice.

From a tactical perspective, she (Madonsela) was simply trying to ensure that all of the President's legal concerns would be covered

Phephelaphi Dube, Director at the Centre for Constitutional Rights

Phephelaphi Dube, Director at the Centre for Constitutional Rights, says that tactically Madonsela is likely to have approached her remedial action in the report, after taking into consideration the legal concerns which were previously raised by President Zuma about the Nkandla report.

Its quite fascinating the number of laws which appear to have been transgressed

Phephelaphi Dube, Director at the Centre for Constitutional Rights

Speaking to #NightTalk's Gugs Mhlungu, Dube says that it is notable in the report that a variety of laws have been transgressed.

She says that investigation into state capture and remedial action are most likely to add to an already interesting political dimension in the country.

We need to bear in mind how our democracy is set up, in that its only the people that voted the President into power who also possess that same power to take the President out of his current position

Phephelaphi Dube, Director at the Centre for Constitutional Rights

Listen to the conversation below:


2 November 2016 9:15 PM

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