President Jacob Zuma has failed to comply with the constitution by not complying with findings made by former public protector Thuli Madonsela‚ the Pretoria High Court heard on Tuesday.
The DA has asked the High Court to force Zuma to comply with Madonsela’s report on state capture‚ even though Zuma is in the process of challenging it in court.
The DA argues that Madonsela’s remedial action should be implemented — unless Zuma applies for a stay of execution‚ which he has not done.
Madonsela directed that a commission of inquiry into the allegations of state capture be conducted and that Chief Justice Mogoeng Mogoeng appoint the sole judge to preside over the commission.
Arguing on behalf of the DA in court on Tuesday‚ Anton Katz SC said Zuma has to obtain an order of court setting aside Madonsela’s remedial action.
“Until an order setting aside remedial action‚ the president is in violation of the law‚” Katz argued.
“In order to prevent his obligation to comply‚ he has to obtain a court order.”
By delaying compliance until the review is finalised‚ the president is helping himself and failing to uphold his constitutional obligation‚ Katz said.
“The law as to when the president could have avoided establishing a commission of inquiry has not arrived and he is in default‚” Katz argued.
Zuma is arguing that only the president can establish a judicial commission of inquiry‚ meaning that the Public Protector’s directive is unconstitutional.