Public Protector Busisiwe Mkhwebane has called for the terms of reference of the commission of inquiry into state capture to be broadened.
Mkhwebane has called for the the terms of reference not be limited to the issues stated in former Public Protector Thuli Madonsela’s State of Capture report.
Director and head of projects at Accountability Now, Advocate Paul Hoffman says there is sense in what Mkhwebane is saying because there is more information in the public domain which was not available when the report was released by Madonsela.
The big problem at the moment is that there are two conflicting decisions in the North Gauteng High Court. One being that the appropriate person to act is deputy president Cyril Ramaphosa. And the other, ordering President Jacob Zuma to do what Thuli Madonsela ordered him to do.— Advocate Paul Hoffman, Director and head of projects at Accountability Now
Until the conflict between those two cases is sorted, any commission of inquiry whether is limited or broad, fat or thin is going to be interdicted and is going to be the subject of judicial review proceedings that will prevent the commissioner for getting on with the inquiry.— Advocate Paul Hoffman, Director and head of projects at Accountability Now
Hoffman says according to his opinion, the right person to decide on the terms of reference in this regards would be Deputy President Cyril Ramaphosa because the President Zuma is implicated in state capture.
Because the President is unable to act due to his risk of conflict if interest, the deputy president has to act in his place and select commissioners and also set the terms of reference.— Advocate Paul Hoffman, Director and head of projects at Accountability Now
To hear more of this analysis by advocate Paul Hoffman, listen below:
This article first appeared on CapeTalk : 'Ramaphosa is the right person to set terms of reference, not Zuma'