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:

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