President Jacob Zuma’s constitutional responsibilities would be usurped if he did not decide how to appoint a judicial commission of inquiry into state capture.
That’s the view of the ANC Youth League (ANCYL) in KwaZulu-Natal‚ in reaction to the remedial action called for in the state capture report by the former public protector‚ Thuli Madonsela.
The report said that Zuma had to appoint a commission headed by a judge‚ chosen solely by Chief Justice Mogoeng Mogoeng. It would be funded by the National Treasury.
Madonsela said the judge could appoint the commission staff and the inquiry would have powers of evidence collection equal to those of the Public Protector.
The inquiry should complete its work and present its report to the president within 180 days‚ around May 2017.
However at a press conference on Thursday‚ the ANCYL said that this process would be unconstitutional. The Constitution makes it clear that the president is responsible for appointing commissions of inquiry.
ANCYL provincial secretary Thanduxolo Sabelo said that Madonsela should not dictate‚ because such powers are solely vested on the president.
“Otherwise you are saying the president is no longer the head of state. This is not a shared responsibility and as such the president does not need help from the Chief Justice appointing a judicial commission of inquiry‚” said Sabelo.