Public Protector obliged by law to hand over State Capture report to me “as soon as possible” 

19 October 2016

I have today written a formal letter to Public Protector, Busisiwe Mkhwebane, requesting that she furnishes me with a copy of the report on the investigation conducted into State Capture in South Africa, as she is required to do by the Constitution and by law. 

As the complainant in this matter, I am entitled by law to be provided with a copy of this report, which has been completed according to outgoing Public Protector, Advocate Thuli Madonsela. 

Section 8(3) of the Public Protector Act states that “The findings of an investigation by the Public Protector shall, when he or she deems it fit but as soon as possible, be made available to the complainant and to any person implicated thereby.”

This is to be read in conjunction with section 182(5) of the Constitution, which states that any report issued by the Public Protector must be open to the public unless exceptional circumstances require that a report be kept confidential.

The report is complete, and there exists no reasonable justification to not furnish the complainant with the report – nevermind make it public as constitutionally mandated to. Advocate Thuli Madonsela’s statement that the State Capture report is final and cannot be changed means that the current report must be handed over to the complainant. It’s just that simple. 

What has become clear is that the contents of this report are explosive. The fact that Jacob Zuma, and his lackey Des Van Rooyen, are seeking an interdict against the release of this report shows that the President is petrified as to what the report contains, and desperate to stop it from being made public.

Jacob Zuma cannot be allowed to exercise undue influence over the new Public Protector in order to halt this report from being released. I submitted this complaint to the Public Protector because we are determined to end Jacob Zuma’s State Capture and crony-corruption. He would be engaging in the very activity this investigation sought to uncover. 

The DA will continue to take the lead in ensuring that the State Capture that has manifested itself under Jacob Zuma be put to an end once and for all.

Issued by Mabine Seabe, Spokesperson to the DA Leader, 19 October 2016