State capture inquiry: PP available to compile terms of reference

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While the South African media is interpreting president Jacob Zuma's announcement of a state capture inquiry as a sign of his capitulation, the devil may yet be found to be lurking in the detail.

The announcement has sparked comments and conversation on Twitter. President Jacob Zuma's statement on Tuesday, Jan. 9 2018 says "this matter can not wait any longer" and that any further delay will make the public doubt the government's revolve to fight graft.

The Ahmed Kathrada Foundation has called for the judicial commission of inquiry into allegations of state capture not to be interrupted by calls of broadening its scope, but to remain focused on President Jacob Zuma and the business empire of his controversial friends, the Gupta family.

Madonsela released a report‚ titled State of Capture‚ in November a year ago concerning allegations of an improper relationship between Zuma‚ other state officials and the Gupta family.

Mlambo said there was no basis for Zuma's application to interdict the release of the report.

South Africa's main oppostion Democratic Alliance (DA) cheered the creation of the probe. The Zondo Commission has to work along the lines of compliance with the recommendations and findings of the report from the former Public Protector, Thuli Madonsela, commented Neeshan Balton, the Foundation's Executive Director. Zuma didn't say who the commission's other members will be. Zuma wanted Madonsela's remedial action set aside.

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According to Saxby, "in saying "there should be no area of corruption and culprit that should be spared the extent of this commission of inquiry", Zuma appears to have left the door open to an all-encompassing inquiry that could stretch back to corruption in the apartheid era". "It is two years too late, if you look at when the first whistle-blowing happened, and more than a year after I had asked him to establish a commission".

She added that although evidence may have been compromised, the situation "can still be salvaged".

"Accordingly, by making more resources available, it is my honest hope that the commission will be able to reach many of those areas of concern that may not have been reached by the Public Protector's investigation, but form part of what she might have investigated, had she had sufficient resources to do so".

This is according to Legalbrief legal expert, Pam Saxby, who said that a key sentence in the lengthy statement could be interpreted as a precursor of what is to come when the terms of reference of the commission are decided.

The ANC's elective conference in Johannesburg last month ruled the inquiry should be expedited. Now, however, he has been forced into offering it his full support.