Zuma claims he is only person who has right to appoint commission of inquiry

President Jacob Zuma has lodged court papers to set aside the State of Capture report compiled by former Public Protector, Thuli Madonsela.

In a bid to challenge the report, Zuma argues that the remedial action violates the separation of powers doctrine between the executive, legislature and the judiciary.

Madonsela recommended Chief Justice Mogoeng Mogoeng appoint a judge to conduct a judicial inquiry, going against the convention of a president doing so.

However, Zuma claims he is the only person who has the right to appoint a Commission of Inquiry.

In terms of the constitution, it is only the president who may appoint a Commission of Inquiry. But on the other hand, surely the constitution does not mean to give the executive unbridled power.

Phephelaphi Dube, Constitutional Law expert

Director of the Centre for Constitutional Rights, Phephelaphi Dube, said that while Zuma's contention is true, the power vested upon him as head of government has limits.

The question will come down to, in what instances can there be a check on this kind of power that the executive wields?

Phephelaphi Dube, Constitutional Law expert

Listen to the interview with 702's Stephen Grootes as legal expert unpacks the state capture matter:


Recommended

by THE NEWSROOM
Read More
Zuma wants state capture report back to Mkhwebane for 'further investigation'

Zuma wants state capture report back to Mkhwebane for 'further investigation'

Political analyst Eusebius McKaiser and Business Day legal writer Franny Rabkin look at the legalities of the President's case.

Mkhwebane denies laying charges against former Public Protector Thuli Madonsela.

Mkhwebane denies laying charges against former Public Protector Thuli Madonsela.

Public Protector Advocate Busisiwe Mkhwebane Public Protector calling on police to investigate leaked interviews.

Does new Public Protector believe Madonsela violated the law?

Does new Public Protector believe Madonsela violated the law?

Sunday Times reporter Qaanitah Hunter looks at the charges laid against former Public Protector by her predecessor.

President Zuma to take state capture report remedial action on review

President Zuma to take state capture report remedial action on review

Public Protector's State of Capture report implicated Zuma, Cabinet Ministers, SOEs in corrupt dealings linked to Gupta family.

President Zuma intent on fighting state capture report

President Zuma intent on fighting state capture report

The Presidency announced that Zuma will take the remedial action in the Public Protector's 'State of Capture' report on review.

Ralph Mathekga: Zuma likely to challenge state capture report and banks in court

Ralph Mathekga: Zuma likely to challenge state capture report and banks in court

Zuma has stood firm despite various calls for him to step down amid the state capture report and his support for the Gupta family.

Rare interview with Ajay Gupta lends credence to state capture claims

Rare interview with Ajay Gupta lends credence to state capture claims

The interview reveals a trail of lies by the Gupta brother known for being cosy with high-ranking government officials.

Popular articles
How Free State's Ace Magashule's family linked to Gupta companies #GuptaLeaks

How Free State's Ace Magashule's family linked to Gupta companies #GuptaLeaks

Revelations published today show how the premier's sons and Free State govt appear heavily involved in the Gupta-owned companies.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

'The university degree is dead'

'The university degree is dead'

Flux Trends founder Dion Chang gives five reasons why he believes getting a degree is past its sell by date.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?

5 ways the NSFAS funding model will change in 2017

5 ways the NSFAS funding model will change in 2017

The National Student Financial Aid Scheme (NSFAS) will pilot a new funding model in 2017. NSFAS chairperson Sizwe Nxasana explains.