State capture: Zuma has done a U-turn on a U-turn - Pierre de Vos

President Jacob Zuma wants the state capture inquiry to go on on his own terms.

He now wants the court to revoke the investigation into his alleged violation of the code of ethics in relation to state capture back to the Public Protector - Busisiwe Mkhwebane.

He says he will commit to setting up an inquiry within 30 days if ordered by the courts.

His legal team has been arguing during their application that part of Thuli Mandonsela’s State of Capture report -which recommends that he appoints a commission led by a judge selected by the Chief Justice - should be set aside.

Constitutional court expert Pierre de Vos says the President hes made a U-turn on U-turn.

He says Zuma wants Mkhwebane to handle the investigation so that he can use it to his advantage.

The Public Protector is less likely to find that he has done anything wrong. If that it is done, it is more likely that the court will find invalid the original remedial actions imposed by Madonsela in which she recommends that it is the Chief Justice who must select the judge to head up commission of inquiry.

Prof Pierre de Vos Claude Leon Foundation Chair in Constitutional Governance at the University of Cape Town

De Vos says Zuma is hampered to head up the commission of inquiry because he is implicated but if the Public Protector finds him free of any wrong doing then he will be allowed to head up the commission because he will not be involved.

He says the Public Protector has shown that she is not as independent as should be in other matters.

The President in his latest submission he just says he will appoint a commission of inquiry. He doesn't say that it will be headed by a judge or whether the person will be independent.

Prof Pierre de Vos Claude Leon Foundation Chair in Constitutional Governance at the University of Cape Town

To hear the rest of the conversation, listen below:


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