NATIONAL NEWS - President Jacob Zuma will on Tuesday argue why the Public Protector’s remedial action that the Chief Justice appoint a judge to lead a state capture inquiry is unconstitutional.
Former Public Protector Thuli Madonsela directed that a commission of inquiry be established but Zuma does not get to decide who will lead it.
Arguments have been set down for three days.
Zuma will argue that the Public Protector’s remedial action is unconstitutional because the power to appoint a commission vests with the president.
He argues that the president has the power to determine the terms of reference as well as who would preside over such a commission.
Zuma says that by ordering the president to appoint a judge solely selected by the Chief Justice amounts to a limitation on the president’s constitutional power.
Last month, the Democratic Alliance (DA) asked the High Court to compel Zuma to implement the remedial action because he had not obtained a stay order but the court dismissed the application.