Public Protector, Busisiwe Mkhwebane, wants broader terms of reference for state capture commission

11 Jan 2018
A formal look of Busisewe Mkhwebane

Public Protector Statement 

The Public Protector, Advocate Busisiwe Mkhwebane, welcomes yesterday’s announcement by President Jacob Zuma regarding the establishment of a judicial commission of inquiry to be headed by Deputy Chief Justice Raymond Zondo, as selected by Chief Justice Mogoeng Mogoeng.

Due to the lack of resources and inadequacy of the allocated funds, the State Capture investigation focused only on 12 issues, as listed in page 10 and 11 of the report published.

In order to ensure that no stone is left unturned in so far as the allegations of state capture are concerned, and in order to avoid any further allegations of state capture being lodged with the Office of the Public Protector, the Public Protector calls upon the President of RSA to ensure that the Terms of Reference (ToR) for the Commission of Inquiry are not limited to the issues investigated or identified in the State of Capture report.

Having perused some of the evidence at her disposal and public domain, the Public Protector also calls upon the President to ensure that the ToR are broad enough to include the capture of all state institutions and SOEs, so that the ability of the Commission to uncover the full extent of State Capture in South Africa is not constrained in any manner.

The Public Protector also calls upon the President to ensure that the Deputy Chief Justice has power to expand the issues to be investigated, should any relevant evidence of state capture be brought to him during the inquiry.

As part of her responsibility to monitor the implementation of the remedial action, the Public Protector shall be available to assist, if necessary, in the development of the Terms of Reference, to ensure the full and successful investigation of alleged state capture in the Republic.

Statement issued by the Public Protector

info@probonomatters.co.za

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