Gupta family lawyers: Due process must be followed in state capture probe

Gert van der Merwe has written to Thuli Madonsela to ask her to supply all the evidence she's received.

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

JOHANNESBURG - Lawyers representing the Gupta family say it doesn't matter whether Thuli Madonsela or her successor concludes the investigation into state capture, as long as due process is followed.

Gert van der Merwe, who is representing Ajay Gupta and his relatives, says he has written to Madonsela to ask her to supply all the evidence she's received and give him the opportunity to interview the witnesses.

Madonsela is expected to release a report on Friday, or part of a report, into allegations of President Jacob Zuma being unduly influenced by the controversial Gupta family.

Van der Merwe who, represents the Gupta family, says he has the right to interview witnesses and properly presents his client's version before any report is released by the Public Protector.

"I don't mind if she completes the report, whether there's permission for her to stay on, I don't care. Just because one person is leaving, you can't rush a report of this magnitude."

Political analyst Sipho Seepe says Madonsela cannot continue with this investigation once her term comes to an end on 14 October.

"We should not entertain the idea that somebody becomes an embodiment of an institution, once your term is over, it is over."

President Zuma has asked Madonsela not to release the report until he has also seen all the evidence and given the opportunity to interview witnesses.