Zuma claims he is only person who has right to appoint commission of inquiry

President Jacob Zuma has lodged court papers to set aside the State of Capture report compiled by former Public Protector, Thuli Madonsela.

In a bid to challenge the report, Zuma argues that the remedial action violates the separation of powers doctrine between the executive, legislature and the judiciary.

Madonsela recommended Chief Justice Mogoeng Mogoeng appoint a judge to conduct a judicial inquiry, going against the convention of a president doing so.

However, Zuma claims he is the only person who has the right to appoint a Commission of Inquiry.

In terms of the constitution, it is only the president who may appoint a Commission of Inquiry. But on the other hand, surely the constitution does not mean to give the executive unbridled power.

Phephelaphi Dube, Constitutional Law expert

Director of the Centre for Constitutional Rights, Phephelaphi Dube, said that while Zuma's contention is true, the power vested upon him as head of government has limits.

The question will come down to, in what instances can there be a check on this kind of power that the executive wields?

Phephelaphi Dube, Constitutional Law expert

Listen to the interview with 702's Stephen Grootes as legal expert unpacks the state capture matter:


This article first appeared on 702 : Zuma claims he is only person who has right to appoint commission of inquiry


Read More
Zuma wants state capture report back to Mkhwebane for 'further investigation'

Zuma wants state capture report back to Mkhwebane for 'further investigation'

Political analyst Eusebius McKaiser and Business Day legal writer Franny Rabkin look at the legalities of the President's case.

Mkhwebane denies laying charges against former Public Protector Thuli Madonsela.

Mkhwebane denies laying charges against former Public Protector Thuli Madonsela.

Public Protector Advocate Busisiwe Mkhwebane Public Protector calling on police to investigate leaked interviews.

Does new Public Protector believe Madonsela violated the law?

Does new Public Protector believe Madonsela violated the law?

Sunday Times reporter Qaanitah Hunter looks at the charges laid against former Public Protector by her predecessor.

President Zuma to take state capture report remedial action on review

President Zuma to take state capture report remedial action on review

Public Protector's State of Capture report implicated Zuma, Cabinet Ministers, SOEs in corrupt dealings linked to Gupta family.

President Zuma intent on fighting state capture report

President Zuma intent on fighting state capture report

The Presidency announced that Zuma will take the remedial action in the Public Protector's 'State of Capture' report on review.

Ralph Mathekga: Zuma likely to challenge state capture report and banks in court

Ralph Mathekga: Zuma likely to challenge state capture report and banks in court

Zuma has stood firm despite various calls for him to step down amid the state capture report and his support for the Gupta family.

Rare interview with Ajay Gupta lends credence to state capture claims

Rare interview with Ajay Gupta lends credence to state capture claims

The interview reveals a trail of lies by the Gupta brother known for being cosy with high-ranking government officials.

Popular articles
Is taking items from the hotel room stealing?

Is taking items from the hotel room stealing?

Tsogo Sun Cape regional manager explains which items are free to be taken home by guests and why.

Why SA lost the Rugby World Cup bid: 'It is all about the money'

Why SA lost the Rugby World Cup bid: 'It is all about the money'

Stephen Grootes spoke to rugby writer and commentator Andy Capostagno.

Soldiers detain Robert Mugabe

Soldiers detain Robert Mugabe

Grace Mugabe may have fled to Namibia. Bruce Whitfield interviews political commentator Rashweat Mukundu.

I think we are going to witness a coup d'état in slow motion - Zim journalist

I think we are going to witness a coup d'état in slow motion - Zim journalist

According to reports in Zimbabwe, the military has taken over and has been making public announcement since Tuesday night.

WATCH: Innovative spray limits toilet flushes and saves water

WATCH: Innovative spray limits toilet flushes and saves water

Loo Me is a simple yet effective scented foam that takes the yuck out of "mellowing" toilets preventing multiple flushes.