Constitutional law expert and political analyst, Cathy Powell, says that the President has constitutional powers to establish the commission of inquiry, but there are limitations, according to the law.
Powell spoke to Xolani Gwala and analysed the ANC's response to the Public Protector's decision that the commission of inquiry must look at all allegations in the State of Capture report.
Today the ANC said it supports the judicial inquiry but says it must be established like any other.
The Public Protector's report revealed that the President failed to act on state capture allegations, and the Gupta family knew about the appointment of Cogta Minister Des Van Rooyen as the finance minister last December before it happened.
Powell says President Jacob Zuma and the whole Cabinet are implicated in the State of Capture report, therefore their involvement in choosing the Judge to head the judiciary inquiry may jeopardise the independence of the commission.
There is a always a suspicion that if he chooses the Judge, he is bringing in someone to influence the outcome.— Cathy Powell, constitutional law expert and political analyst
Powell says if the ANC members implicated in the report want it to undergo a review, then the establishment of the inquiry may take longer.
If there is a challenge to the report itself, then that will have to be heard before the establishment of the commission of inquiry.— Cathy Powell, constitutional law expert and political analyst