The State of Capture Report is really haunting the Presidency of Jacob Zuma and the African National Congress (ANC). The South African President and his government has been under fire for years for their close connection with the Gupta investors and their corporations who has gotten favorable deals with state companies. Which in the end has delivered bad service to the public as well as costing more than it should.
Today there was a judgment in the High Court in Gauteng Division in Pretoria. This judgment is really showing that the President is not above the law. I will take out key aspects of the ruling. So there will no question, but only the words that came from the court. It is really evident that the President is trying to run away from charges, but is still not able to do so. Even with his position as President.
The ruling did one key thing against the will of Zuma, which was to say this: “For these reasons, none of the grounds of review has any merit, and the President is not entitled to the relief that he seeks. The remedial action taken by the Public Protector is lawful, appropriate, reasonable and rational. In the premises the President’s application cannot succeed and must be dismissed with costs” (High Court of Gauteng, 13.12.2017).
The former Public Protector Thuli Madonsela clearly won today in court and the president lost. Not only cash, but is proven that he didn’t use his power to continue the investigation made by the Public Protector. Zuma should have followed recommendations and followed the procedure to continue to investigate and look into the troubles with the State Companies and the Gupta’s. Which was shown through good collection by Madonsela. The State of Capture report is damning and proving the open corruption between a President and an Investor Family. How the investors are getting good deals on Public Funds, while using private companies to skim the money from the state. Where also the Gupta used their influence and monies to also change Ministers and others.
The continued investigation and inquiry in the State of Capture, would reveal more skeletons in the closet. Zuma might be afraid of the communications between his family and the Gupta’s.
The Judges in the Case even said this about the application made by the President:
“Taking all the circumstances sketched and the considerations made we are of the view that the President was ill adviced and reckless in launching the challenge against the remedial action of the Public Protector. He is aware that since allegations of “State of Capture” initially surfaced and more so, after the Public Protector’s report the matter remains in the public domain and requires decisive action and resolution. His Court challenge has resulted in further delaying the resolution of the “State of Capture” allegations” (High Court of Gauteng, 13.12.2017).
It also stated: “It is declared that the remedial action in the Public Protector’s Report, No 6 of 2016/17 dated 14 October 2016 and entitled “State of Capture” (the Report), is binding” (High Court of Gauteng, 13.12.2017).
So the President has to start an inquiry and investigate the allegations in the report of the Public Protector need more investigation and the recommendations of DPP was justified. Even if the President wanted to stall it and didn’t deem it fit. Since, this would be looking directly into his business and his actions in government. This being energy deals, changing finance ministers or all sort of activity done with the coordination of the Gupta family and businesses. These sort of public display and disregard of checking the facts. Also could show that the President would be worried what a sort of inquiry would look into and might find. While having more legal powers to check out the findings and also get affidavits, that could in more information and more evidence into the case that the DPP made. This is needed and now the President is ordered to do so by the Court. The judges have justified the need to follow up the “State of Capture”, the whole scandal and the grand corruption that was inside that documentation.
This is a ghost following Zuma and it will not leave him. Just like Nkandla upgrade has hunted him too. The “State of Capture” have haunted him and will be in his shadow as long as he is walking. Especially, know that he is ordered to make an inquiry and also get someone to investigate it. To follow the recommended remedial actions that the DPP wanted to see. It was all justified within the provisions of the law and the President didn’t comply, because the case is implicating him. Peace.
MinBane 