President Jacob Zuma has asked the High Court in Pretoria to make a ruling on whether should Public Protector Thuli Madonsela release her report into state capture without following the Public Protector act.
Zuma is asking the High Court to decide whether it is constitutional for Madonsela to breach some section of her offices act.
Madonsela refused to allow Zuma to question witnesses as required by section 7(9) of the Public Protector act. The act states that any person appearing before the Public Protector must be given an opportunity to ask some questions to those who accuse him of wrong doing. Modonsela has not revealed as to why she wishes that this section of the act is omitted.
President Zuma wrote to Madonsela to request that she applies her mind and grant him his right to prepare his evidence. The act also gives Zuma access to documents submitted to the Public Protector as evidence against any person accused of wrong doing.
Zuma’s urgent court interdict on Thursday comes after Modonsela indicated that she will go ahead and release the report even if the requirements of the act have not been met. This move is seen by legal experts as contravening the law.