EFF STATEMENT ON JUDICIAL COMMISSION OF INQUIRY INTO STATE CAPTURE

01 June, 2017

The EFF rejects any Judicial Commission of Inquiry into State Capture appointed solely by Jacob Zuma. In keeping with the recommendations of the Public Protector a Judicial Commission of Inquiry that will be investigating Zuma cannot at the same time be solely appointed by Zuma. This will result in a conflict of interests in that it violates basic principle of fair justice. 

Judicial Commissions of Inquiry get to be appointed solely by a president, who has the power to set the scope of the inquiry and its limits. In a situation where Zuma must be the subject of such an inquiry, his constitutional powers and prerogatives to appoint the judge cannot be elevated above the principles of fair justice. In our constitutional order, the separated powers of the executive do not extend to violation of the principles of fair justice. Otherwise, the idea that the commission is in pursuit of justice will be a mockery. 

The Public Protector recommendations are that a Judge who must preside over the Commission of Inquiring into the President's conduct and that of others members of his cabinet must be "selected" and recommended by the Chief Justice. The scope of this inquiry must also take the PP's report as a point of departure with the powers of evidence collection that are no less that those of the PP. In addition, the judge must appoint his or her own staff. This is the only way that such a Commission can have integrity and public trust. 

We know for a fact that Jacob Zuma has surrendered his constitutional duties like the appointment of ministers to the Gupta family. This family offers cabinet posts to politicians in exchange for state business contracts and kick backs. If the Commission is going to have integrity it must be able to investigate a sitting president without any fear or favor. 

Unlike in the process of appointing judges, there is a due process of interrogation by the Judicial Service Commission. Those who preside over Judicial Commissions are solely the prerogative of the president; without any prior interrogation process. To preserve the principle of fair justice, the Public Protector has recommended that the Chief Justice must select and recommend one judge in which case Zuma will not have any other option but to appoint that one judge. 

However, the EFF would like to caution that Judicial Commissions of Inquiry often delay justice. Following the experiences of the Seriti and the Marikana Commissions where politicians are implicated it is hard to have confidence in their ability to lead to justice and punish ministers or the president. In the case of the State of Capture Report, we are convinced that the quickest and more just way to resolve a compromised president who is corrupt and who has surrendered the constitutional and democratic mandate bestowed on them to a private family is to institute impeachment proceedings. This will allow him to be held directly accountable with a view to remove him from the highest office in the land which he has traded for private business and selfish interests. 

We further warn Zuma against implementing anything that is outside the Public Protector's recommendations. If he does, we will not only reject it, we will challenge it through an urgent interdict.

Statement issued by Economic Freedom Fighters, 1 June 2017