Public Protector's objection won't stop Zuma's state capture review

President Jacob Zuma’s state capture review application will still be heard in the High Court, despite Public Protector Busisiwe Mkhwebane decision to give notice to oppose.

It doesn't stop Zuma at all. The president can still go ahead with his application.

Phepelaphi Dube, director of the Centre for Constitutional Rights

In December, Zuma lodged an application at the High Court in Pretoria to review and set aside the remedial action stated in the State of Capture report.

Mkhwebane says her intention to oppose the president’s application is to comply with court rules.

However, constitutional rights expert Phepelaphi Dube explains that Mkhwebane is not obligated by law to oppose the application.

In terms of High Court rules, she can only be opposing the application if she objects to the merits of the reasons of review or if there are other technical grounds.

Phepelaphi Dube, director of the Centre for Constitutional Rights

It's not that the rules require her to simply file a notice of opposition, just for thesake of it.

Phepelaphi Dube, director of the Centre for Constitutional Rights

The Public Protector says she’s seeking legal advice and Dube says she found Mkhwebane's choice of language interesting and at times vague.

Mkhwebane made the announcement during a briefing on her first 100 days in office in Pretoria on Thursday.

Take a listen to the legal insights:


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