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Madonsela to make recommendations to successor on state capture probe

The outgoing Public Protector says that the findings of her investigation will be released in two parts.

Public Protector Advocate Thuli Madonsela attended proceedings over the extent of her office's powers in the Nkandla matter at the Constitutional Court in Johannesburg on 09 February 2016. Picture: Reinart Toerien/EWN.

JOHANNESBURG - Public Protector Thuli Madonsela says a report due to be released this week on state capture will make recommendations to her successor on what further steps need to be taken in the investigation.

Madonsela was responding to questions at a News24 gathering last night.

Earlier this week, the president said Madonsela had not given him enough time and the necessary resources to respond to her questions on his relationship with the Gupta family and their influence over state appointments.

Madonsela says the findings of her probe will be released in two parts, the first on Friday which is her last day in office.

"It was always going to be a two-phased and this phase will tell the story that we know by now and whatever else needs to be done, we'll indicate what needs to be done and who will do it."

AJAY GUPTA'S LAWYERS RESPOND

Ajay Gupta's lawyers have released a statement saying that 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 Zuma is being investigated by Madonsela's office to determine if Zuma has been unduly influenced.

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, predetermined view and that the evidence gathered is window dressing for a decision reached long before Gupta's version was heard.

At the same time, 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.

MADONSELA APPEALS FOR COOPERATION

Madonsela appealed to the President to answer questions that have been put to him regarding her investigation into state capture.

She said President Jacob Zuma has changed his mind on two occasions about answering the questions, saying it is in the interest of public trust that the matter be concluded expeditiously.

Madonsela met with Zuma last week at an unknown location to ask him questions related to her investigation into the controversial Gupta family.

The Public Protector said it was only at this point that Zuma's lawyers asked to question the witnesses.

Zuma, however, asked for the matter to be deferred to the next Public Protector, Busisiwe Mkhwebane, who has indicated that her focus will be on clearing the backlog of cases especially ones that affect the ordinary South Africans.

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