CAPE TOWN – The Presidency on Friday denied that President Jacob Zuma was opposed to implementing the remedial actions of the Public Protector’s ‘State of Capture’ report, including that of establishing a judicial Commission of Inquiry.

In a statement, the Presidency said it had “noted recent media reports alleging that Zuma is opposed to the implementation of the remedial action of the Public Protector as contained in ‘the State of Capture’ report relating to the establishment of a judicial Commission of Inquiry.

“The President is of the view that some of the remedial actions directed by the Public Protector are irregular, unlawful and unconstitutional. Legal advice obtained pointed at the fact that the remedial action on the appointment of a Commission of Inquiry undermines the separation of powers doctrine. The Constitution gives the power to appoint a commission of inquiry to the President, which she/he must exercise when the President holds a view that a matter of public concern requires such a process.”

READ: Zuma must go – ANC stalwarts throw down the gauntlet

The statement added that in the ‘State of Capture’ report into allegations of undue influence over the business of government and the State, “the President is not only directed to appoint a Commission of Inquiry, but he is also directed as to what kind of a commission he should appoint and the process that must be followed in appointing it.

“This contravenes section 84(2) (f) of the Constitution which leaves it open for the President to choose what type of a commission of inquiry should be established, whether it should be a judicial commission of inquiry or any other commission. The remedial action has made that choice for the President, which is impermissible in law,” the Presidency said.

“Furthermore, section 84(2) (f) of the Constitution leaves it to the President to determine what particular matter of public concern should trigger the exercise of the power to institute a commission of inquiry. The former Public Protector also decided this matter for the President through her remedial action. This, too, renders the remedial action unconstitutional and invalid.

“Moreover, the remedial action also directs that the institution of a judicial commission of inquiry in terms of section 84(2) (f) of the Constitution must be presided over by a judge solely selected by the Chief Justice. Nowhere does the Constitution or the Public Protector Act give such a power on a Public Protector or a judge. The remedial action, in its content, therefore has no lawful basis.”

READ: Academics to release damning state capture report

The Presidency further argued that the remedial action also conferred a power on the Chief Justice to select which judge should preside over the inquiry, “a power which the Chief Justice does not have under the Constitution. For this reason the remedial action is unconstitutional and invalid.

“Furthermore, the President has, in terms of section 84(2) (f) of the Constitution, the power to determine the timelines for the establishment of the commission and its terms of reference. The remedial action impermissibly dictates when such a commission should be established and its terms of reference. This is irregular and invalid.

“Finally, the decision underpinning the remedial action, which is to outsource it, is irrational since the only conceivable deduction to be made is that the former Public Protector’s term of office was coming to an end and she was unwilling for the Office of the Public Protector to continue with the investigation outside her control.

“None of the grounds set above for the president’s application for review of the Public Protector’s report suggest in any way that he is opposed to the establishment of the Commission of Inquiry. What is at stake is the interpretation of the Constitution on a matter as fundamental as the powers of the head of state and government and the relationship of the executive branch with other branches.

“The review challenge is therefore aimed at clarifying and strengthening our constitutional jurisprudence on the roles of the Executive, the Judiciary and Chapter 9 institutions.”
 

African News Agency

CAPE TOWN – Government will announce measures to deal with the drought in the Western Cape.

Minister of Water and Sanitation Nomvula Mokonyane will outline short, medium and long term plans. 

Dam levels in the province have continued to fall despite efforts to save water.

READ: Western Cape water crisis deepens

There’s now just 10.7 percent of usable water left.

The province has been declared a disaster area.

It’s experiencing a sustained drought and low rainfall, but consumer overuse and wastage through leaks are adding to the crisis.

Experts say upgrading and introducing new infrastructure would help, but it will require a lot of money.

eNCA

Lichtenburg – Ditsobotla Local Municipality mayor Daniel Buthelezi and his bodyguards were released unharmed in the early hours of Thursday morning after being held hostage in the municipal offices, North West police confirmed.

Colonel Sabata Mokgwabone said they were released just before 01:00 after negotiations with disgruntled community members.

Police arranged two minibus taxis for the 32 residents and allowed them to get inside with the mayor. They left the municipal offices and were arrested a few streets away.

“The charges are kidnapping, arson and attempted murder,” he said.

On Wednesday, he said a group of people allegedly stormed the municipal building and set a section of the building alight.

The mayor’s spokesperson, Pius Batsile, told News24 at the time that he was not under threat from the community members from Boikhutso in the North West. 

Batsile said Buthelezi had been in a meeting with another community at the municipal building when the group stormed the room demanding that he address their concerns.

“They had an appointment at around 14:00 but the mayor got delayed, they demanded that he stop that meeting and address them.”

Batsile said he watched the drama unfold as his office was not too far from the mayor’s office.

“There were about 35 people, they are complaining about the Integrated Development Plan saying that their ward [ward 3] was not included. But we are still busy with the IDP, we are still consulting communities. Nothing is finalised.”

He said as the mayor led the community members to his office, their voices were raised and they were swearing but they did not appear armed.

The municipality was established through the amalgamation of the former Lichtenburg, Coligny and Biesiesvlei Transitional Councils.

Chaos erupted in Coligny several weeks ago when the community took to the streets following the death of a teenager.

JOHANNESBURG – The Standing Committee on Public Accounts (Scopa) on Tuesday called for harsh sentences to officials found guilty of fraud and corruption.

Scopa said it was worried about the sentences given to people who had defrauded and robbed the state through corruption, chairperson Themba Godi said.

#SCOPA Hawks Yolisa Matakata, NPA’s Shaun Abrahams, SIU head Lekhoa Mothibi and SARS commissioner Tom Moyane as Anti Corruption Task Team pic.twitter.com/9XU9K1bApB

— Bonga Dlulane (@BongaDlulane) May 23, 2017

“Scopa has noticed that individuals who have committed crimes of corruption get suspended sentences of three years, or very low amounts of fines,” Godi said.

#SCOPA chair Themba Godi concludes by saying next week it’s embattled #Eskom appearing and Water and Sanitation. This committee is ——

— Bonga Dlulane (@BongaDlulane) May 23, 2017

“Scopa believes that these individuals who rob the country of a lot of money and who are the cause of the rot that is increasingly plaguing the country, should receive very harsh sentences to show that this country is serious about curbing corruption.”

#Scopa Matakata: on the Nkandla issue we are investigating, there’s the issue of the, we have special prosecutors on it…

— Bonga Dlulane (@BongaDlulane) May 23, 2017

Godi said that those convicted of fraud and corruption should face the full wrath of the law and would engage with the Anti-Corruption Task Team (ACTT) regularly to find a way to tackle the increasing scourge of corruption.

“Scopa has committed itself to meet with the ACTT on a quarterly basis to receive feedback and to monitor their (ACTT’s) work.”

African News Agency