Public Protector's office rejects Zuma’s argument in state capture case

Jacob Zuma’s legal team has argued that the Public Protector should not have directed remedial action because she made no findings of fact.

FILE: President Jacob Zuma. Picture: Thomas Holder/EWN.

PRETORIA - The Public Protector's office has rejected President Jacob Zuma's argument that findings of fact must be made in each of the investigations conducted.

Zuma has asked the High Court in Pretoria to review the State of Capture's remedial action, arguing that it is unconstitutional.

The report directed the president to establish a commission of inquiry led by a judge selected by the chief justice.

Zuma’s legal team has argued that the Public Protector should not have directed remedial action because she made no findings of fact in her report.

Advocate Vincent Maleka says the nature of the Public Protector’s remedial action depends on the issues under investigation.

“That is a far cry from suggesting that that statement means the Public Protector must make a finding of fact in each case.”

He says the Public Protector Act makes provision for numerous remedies including mediation, reconciliation or referral to an appropriate authority.

“Or other suitable recommendation as the case might be, we add there, the establishment of a commission of inquiry.”

President Zuma’s legal team has argued that the matter be referred back to the Public Protector for the investigation to be completed.