Legalbrief | your legal news hub Tuesday 28 September 2021

Mkhwebane takes Zuma's side on state capture judge

Public Protector Busisiwe Mkhwebane is backing President Jacob Zuma’s argument that Thuli Madonsela’s recommendation that the Chief Justice should appoint a judge to head the inquiry into state capture is flawed, says a Sunday Times report. Mkhwebane reportedly told the newspaper she believed that any judge, even one appointed by Zuma, would be capable of investigating the Gupta family’s alleged influence on Zuma’s Cabinet, because the judiciary was independent. Her comments came after she told journalists that although she had filed notice to oppose Zuma’s application for a judicial review of Madonsela’s report, she had sought a legal opinion on whether to proceed with the action. This, says the report, is seen as a clear indication that Mkhwebane is likely to withdraw her notice to oppose Zuma. ‘(We are checking) whether we dictate to the President for someone else to appoint or perform the President’s functions (to appoint the judge),’ she reportedly told the Sunday Times. ‘The judiciary is independent. Therefore any judge can perform any duty without fear or favour.’ The report notes that was the basis of Zuma’s application to the Gauteng High Court (Pretoria) to take the controversial State of Capture report on review. Mkhwebane has now asked law firm Adams & Adams for a legal opinion on whether the recommendation is constitutional as she says she believes the President should have the powers to appoint the judge. However, Madonsela specifically said that it should be Chief Justice Mogoeng Mogoeng who provides Zuma with the name of a judge, because that person would also have to investigate the President as part of the commission of inquiry.