According to Eyewitness News, President Jacob Zuma has asked outgoing Public Protector Advocate Thuli Madonsela not to conclude her state capture investigation tomorrow as planned.
The President has asked her to give him access to the witnesses who have been questioned in her ongoing investigation into claims that the controversial Gupta family has had a hand in government appointments.
But Madonsela’s office indicated that it would instead advise the president to submit questions so it could relay them to witnesses on his behalf.
After missing a scheduled meeting between the two this week, Zuma accused Madonsela of flaunting the founding Act of her office by refusing him access to witnesses and their testimonies regarding allegations that he had allowed the Gupta family to influence the state.
Madonsela’s term ends tomorrow, and the president had told her not to conclude her investigation until he had personally interviewed the witnesses. But constitutional law expert Shadrack Gutto told The Citizen such a request was both improper and illegal, as Madonsela reported to the National Assembly – not the presidency.
The President has submitted that in adherence to the audi alteram partem rule, he as an implicated person is entitled to the documents and records gathered in the course of the investigation, to enable him to prepare his evidence.
“She’ll do the preliminary report, and the persons involved will see the report and make comments before the Office of the Public Protector ahead of her submitting her final report with remedial action,” Gutto said.
“Before that, the president has no right. And in terms of the law, she has no obligation to give him the names of the witnesses and everything he has requested. “It’s out of line for the president to make that request, so I don’t think the public protector has to worry about it.”
Gutto said Madonsela had no option but to “decline such an unlawful request”.
Political analyst Mcebisi Ndletyana said the request seemed an attempt to jeopardise the probe by intimidating witnesses.
“The president refuses to accept the clarity provided by the public protector for him to provide his own testimony,” Ndletyana said.
“This leads only to one conclusion that can be drawn here: the request being made is meant to intimidate witnesses, suppress evidence and to ultimately derail and cripple the investigation.”
He said the reason why the public protector should not provide access to witnesses and their testimonies was “precisely for the same reason why the ANC’s own investigation never amounted to anything”.
“It is because people feared the repercussions of their identities being publicised.”
To read the full letter, click here.
Source: Citizen + Eyewitness News
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