DA heads to Constitutional Court to compel Zuma to establish Commission of Inquiry into State Capture
5 December 2016
The DA has filed papers in the Constitutional Court to seek a declaratory order that President Jacob Zuma has violated his constitutional obligations in not giving effect to the remedial action set out in Public Protector’s State Capture report by establishing a Commission of Inquiry by 2 December 2016.
The Public Protector’s remedial action in the State of Capture report required the President to appoint a Commission of Inquiry headed by a judge selected by the Chief Justice within 30 days of the release of the report, in order to further investigate matters of State Capture, particularly areas which the Public Protector was unable to due to time and financial constraints. The President has failed to do so, and is thus once again in breach of the Constitution.
Our application seeks the Constitutional Court to compel President Zuma to give effect to this remedial action and appoint the commission within 10 days of the order of the court.