Gupta: Madonsela has predetermined view on state capture

Ajay Gupta says the evidence gathered is for show in a decision reached long before hearing their version.

FILE: Public Protector Thuli Madonsela. Picture: Christa Eybers/EWN.

JOHANNESBURG - Ajay Gupta's lawyers have released a statement saying that Public Protector Thuli Madonsela's conduct creates an impression that she had a clear predetermined view of her report into allegations of state capture.

The controversial Gupta family and their relationship with President Jacob Zuma is being investigated by Madonsela's office to determine if Zuma has been unduly influenced.

Yesterday, the Presidency asked Madonsela not to release the report until the president had been given the opportunity to question the witnesses who have supplied evidence.

Van der Merwe Associates have released a letter on behalf of Gupta, saying he has provided evidence at his lawyer's initiative, not the Public Protector's, and to date Madonsela hasn't submitted a transcript of the interview he requested.

Gupta's lawyer argues that Madonsela's conduct appears to show that there was a clear, pre-determined view and that the evidence gathered is window dressing for a decision reached long before Gupta's version was heard.

At the same time, President Jacob Zuma has asked the Public Protector to give him the opportunity to interview witnesses, before concluding her investigation.

Gupta's legal team says any report issued at this stage cannot be in good faith and would only be an attempt to publicise Madonsela's own views.

The Public Protector, who has just three days left in office, says she's concerned that Zuma has changed his mind about answering questions that have been put to him on two occasions.