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Public Protector To Oppose Zuma's Review Of State Capture Report, Confirms Probe Into Gupta Emails

"I'm captured by the Constitution, not by anyone."

19/06/2017 14:34 SAST | Updated 19/06/2017 14:34 SAST
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Public Protector Busisiwe Mkhwebane.

Public Protector Busisiwe Mkhwebane has confirmed her office will oppose President Jacob Zuma's application to review and set aside the State of Capture report by her predecessor Thuli Madonsela.

Mkhwebane was speaking during a media briefing in Pretoria on Monday.

Zuma asked the high court to review Madonsela's recommendation that a judicial inquiry be established to investigate state capture and corruption as alleged in her state capture report.

Madonsela said in the report that Chief Justice Mogoeng Mogoeng should appoint the judge to sit on the commission rather than Zuma.

In his affidavit, Zuma challenged the recommendation because it "violates the rule of law that it is inconsistent with the Constitution and breaches the separation of powers principle", reported the Mail & Guardian.

The public protector also confirmed that a new investigation into state capture will be launched, with a focus on Eskom, Transnet and Prasa, in the light of the leaked Gupta emails.

She had earlier told HuffPost SA that she could not launch investigations of her own initiative because of her heavy workload.

Today, she confirmed she had a backlog of more than 4,000 cases, according to News24.

"It is a case of doing our work and making sure that we serve SA. I am under pressure because of the backlog." said Mkhwebane

The Mail & Guardian earlier reported that her office had received a fresh complaint about state capture allegations not contained in Madonsela's report and based on the leaked emails including allegations that former communications minister Faith Muthambi leaked confidential information to the Guptas; former home affairs minister Malusi Gigaba strategically placed two home affairs officials in India to benefit Gupta-run businesses; and Brian Molefe's reappointment at Eskom and Public Enterprises Minister Lynne Brown's role in the affair.

Mkhwebane, responding to allegations of being captured by president Zuma, said: "I'm captured by the Constitution, not by anyone, I'm here to serve South Africans", reported News24.