DA submit supplementary heads in the ‘State of Capture’ case

31 October 2017

The DA has submitted our supplementary heads of argument on the implications of President Jacob Zuma’s last-minute withdrawal of certain relief initially claimed, requesting that the Court order that the Public Protectors remedial actions in her ‘State of Capture’ report be set aside, but without any further investigation by the office.

The intention behind this bizarre withdrawal is clearly another attempt by President Zuma to avoid his day in court.

Essentially, President Zuma hopes that this latest delaying tactic will mean that there will be no further investigation by the Public Protector or that a Commission be established to investigate the Presidents role in the project of state capture. Alternatively, he hopes that should any further investigation go ahead, that he would be able to pick the Chairperson of a Commission and set the terms of reference.

We have argued that due to this clear ulterior motive in the withdrawal of this relief, the court has an obligation to dismiss the entire application to prevent the abuse of the administration of justice.

Moreover, as the President has previously conceded that the Public Protector’s remedial action is binding, we argue that the court should not only dismiss this application, but it should direct the President to implement the Public Protector’s remedial action immediately.

The DA will continue to make sure that President Zuma gets his day in court, in this case, and others, like any other ordinary citizen. Every day that he is allowed to abscond from justice is another day that compromises the future of South Africa.

Update:

Zuma’s supplementary heads of argument in the ‘State of Capture’ case are contradictory

Note to editors: Please find the supplementary heads of argument here

The DA notes President Jacob Zuma's supplementary heads of argument and is gobsmacked by the contents.

The prayers sought in the papers filed today are inconsistent with what his counsel sought last week.

On Wednesday last week, Zuma’s counsel did not want to refer the matter back for further investigation by the Public Protector.

The President now says that he wants the Public Protector's remedial action set aside and instead, he undertakes to appoint a commission of enquiry headed up by a judge of his own choosing, and with terms of reference he will determine, within 30 days. As the Public Protector herself noted, this would make him judge and jury in his own case.

In another bizarre about-turn, the President is also now content for the alleged breaches of the Code of Ethics to be investigated by her.

Either the President has lost touch with reality or he is changing tack yet again to fend off any charges.

The DA has submitted our supplementary heads of argument in which we argue that the President is essentially trying to have his cake and eat it.

We have asked that the President be directed to urgently implement the remedial action ordered by the Public Protector and we are confident that the court will agree.

The DA will continue to doggedly pursue accountability for the man responsible for one of the darkest times in our democracy’s history.

Issued by James Selfe, DA Federal Council Chairperson, 31 October 2017