The High Court in Pretoria is expected to hand down judgment in President Jacob Zuma’s application to review and set aside former Public Protector, Thuli Madonsela’s State of Capture report.
President Zuma wanted the report sent back to the Public Protector’s office for re-investigation.
He also objected to the outcomes of the report saying it was rushed and not based on factual findings.
President Zuma argued against implementing the remedial action of the Public Protector’s State of Capture report saying it would be unconstitutional to do so.
His legal representative, Advocate Ishmael Semenya,SC, in September told the high court in Pretoria that the Public Protector does not enjoy the power under the Constitution of telling President Zuma to establish an inquiry and that the Chief Justice will appoint the judge.
Political parties, the DA, UDM and COPE who are the applicants in this matter want the court to order the President to adhere to the Public Protector’s remedial actions that is establishing a commission of inquiry and allow the Chief Justice to appoint a judge for the inquiry.
The applicants also sought a declaratory order that the President’s conduct in delaying the establishment of the commission was unconstitutional.
It will be in the same court that recently ruled that President Zuma was conflicted and should not appoint the National Director of Public Prosecutions.