President Jacob Zuma is challenging former Public Protector Thuli Madonsela's remedial action for a commission of inquiry into state capture to be set up by Zuma - but without him appointing the presiding judge.
EWN Reporter Barry Bateman, says that Zuma's lawyer argued in court that the Public Protector has no power to instruct the President on how to set up a commission of inquiry.
The President's argument is that the Public Protector cannot, in law, instruct how the President should act, making the point here that the decision or the function to establish a commission of inquiry is an executive function. Therefore the public protector cannot instruct the President on how to execute an executive function.— Barry Bateman, EWN Reporter
Bateman says that since the Public Protector was unable to complete her investigation due to lack of resources, Advocate Ishmael Semenya argued that by requesting the commission of inquiry, Madonsela was essentially outsourcing the investigation for the commission to be completed.
Ishmael Semenya argued that there is no provision in law for this to be allowed to happen, therefore it makes the remedial action unconstitutional and invalid.— Barry Bateman, EWN Reporter
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This article first appeared on 702 : Public Protector can't instruct President on executive actions - Zuma's lawyer