Court Papers Suggest Madonsela Faces Criminal Charges

Despite Assuring Zuma That She Won’t Make Adverse Findings Before Affording Her The Opportunity, Madonsela Did The Opposite




Former Public Protector Thuli Madonsela could end up facing criminal charges if court finds that she finalized and signed state capture report.

A lawyer has told City Press that President Zuma’s response to the DA’s application to intervene against the release of the state capture report points to a gross violation of the Public Protector act.

“Should it now transpire that Madonsela finalised and signed the report, her conduct may well amount to constructive contempt. In this regard, I reserve my rights.” read court papers filed by President Zuma’s lawyers.

In a letter Madonsela sent to President Zuma, she reassured him that she had not concluded her investigation and had made no adverse findings. She also undertook that her office would comply with its duties and abide by all relevant laws in conducting the investigation and submitting the report. The letter forms part of Zuma’s court papers filed in already.

If the court finds that the report made any adverse findings against Zuma without giving him a chance to do his representations, Madonsela may face criminal charges.

“Reference to all other relevant laws, as I understand it, are the laws giving effect to my right to just administrative action,” charges Zuma in his court papers.

It is not clear as to why the former Public Protector rushed the report. Speculations are that she wanted to release it on her last day of office. This move is clearly going to backfire at her.

Madonsela’s reputation is already tainted after it emerged that the Auditor-Generals report found that more than R5 million is not accounted for. The new Public Protector Busisiwe Mkhwebane had difficulties answering to MPs after her office’s annual report was interrogated by parliamentarians.




She tried to dodge questions from MPs about donor funding that was received Madonsela during her tenure. MPs questioned Mkhwebane about R7 million donor funding that appeared on the report. Trying to avoid the question, Mkwebane kept on assuring parliamentarians that it will not happen again.

MPs were not fazed by her answers. She eventually dropped a bombshell and admitted that the report points to the fact that donor funding was received from US development agency.

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