13/12/2017 06:25 SAST | Updated 13/12/2017 06:25 SAST

Court To Rule On Whether Zuma Can Appoint State Capture Inquiry Judge

The High Court in Pretoria will hand down judgement in the case on Wednesday.

Sumaya Hisham / Reuters
President Jacob Zuma gestures as he addresses Parliament in Cape Town, South Africa, November 2, 2017.

The High Court in Pretoria will on Wednesday rule on whether President Jacob Zuma has to implement former public protector Thuli Madonsela's remedial action in her "State of Capture" report, News24 reported. Specifically, whether or not Zuma must appoint a commission of inquiry and let Chief Justice Mogoeng Mogoeng appoint a judge to chair the inquiry.

Zuma does not argue with Madonsela's recommendation for a commission of inquiry, but he wants to be able to appoint the chair himself.

This follows an application brought by the DA, asking the court to force Zuma to abide by Madonsela's report.

In September, counsel for Zuma, Advocate Ishmael Semenya, SC, reportedly argued it would be unconstitutional for Zuma to abide by Madonsela's recommendations, as she did not have the power to tell Zuma to establish the inquiry, and who should appoint the judge.

But Madonsela argued that the commission of inquiry was necessary as her office did not have the funds to complete the investigation, and that Zuma was conflicted as his son Duduzane and his friends, the Gutpas, were implicated, Business Day reported.

The court heard that the president's power to appoint a judge had not been taken away, but that it was only the selection of the judge in question.

Some of the respondents -- the EFF, UDM and Cope -- also reportedly want the court to issue an order declaring that Zuma's failure to comply with Madonsela's remedial action is inconsistent with the Constitution.

Zuma initially asked for the remedial action to be set aside, and for the state capture issue to be referred back to the current public protector, Busisiwe Mkhwebane. But he reportedly abandoned this plan.