A top lawyer on Friday encouraged Public Protector Thuli Madonsela to go ahead and issue her report into state capture despite President Jacob Zuma’s intention to seek an interdict against its release.
Andries Nkome told Radio 702 the Presidency’s application is moot as the court date is set down for Tuesday‚ four days after Madonsela had intended to release it.
"If I were the public protector‚ in the case of the president’s application‚ I would continue and issue the interim report; either way the report is only interim‚ and I don’t see any reason why the president ought to file any application to seek to stop an interim [report]‚" Nkome said.
"When his time comes to be before the court on Tuesday‚ obviously the court will be saying this argument is moot simply because the report had been issued on Friday‚" said Nkome‚ who represented the families of victims at the Marikana commission.
"And I think as well he would have a mountain to climb in so far as proving why this matter ought to precede all other matters and be urgent."
Nkome said the president’s application was no legal impediment to releasing the report because at the time of the intended release there was "no order as yet" preventing it being issued.
"I don’t see any issue in law‚ at least‚ that should prevent her from issuing‚ unless‚ maybe for her own ethical reasons she would want to say, ‘Let me rather wait for … this matter to be heard in court.’"
Nkome noted that what could prevent the release is the reported court application by Co-operative Governance and Traditional Affairs Minister Des van Rooyen to stop its release‚ which is said to be set down for court at 10am on Friday.
Van Rooyen has been widely reported as being close to the politically connected Gupta family‚ who will feature prominently in Madonsela’s report.
A lawyer for the family‚ Gert van der Merwe‚ said this week that the Gutpas would not seek to interdict the release of the report‚ but warned that should it contain "adverse conclusions" about his clients‚ he would "go to court and take that report on review".
TMG Digital
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