Cape Town – The Democratic Alliance on Monday approached the Constitutional Court to seek a declaratory order that President Jacob Zuma had failed to meet his constitutional obligations by not appointing a judicial commission of inquiry in line with former Public Protector Thuli Madonsela’s report on state capture. 

“The DA has filed papers in the Constitutional Court to seek a declaratory order that President Jacob Zuma has violated his constitutional obligations in not giving effect to the remedial action set out in Public Protector’s State Capture report by establishing a Commission of Inquiry by 2 December 2016,” DA leader Mmusi Maimane said. 
The president ten days ago announced that he would launch a court bid to review Madonsela’s report. Zuma said he would do so within the next six months. Madonsela found indications of improper dealings between the Gupta family and state entities and gave Zuma 30 days to establish a commission, ordering him, however, to let the Chief Justice appoint the head of the commission instead of doing so himself. Maimane said the fact that Zuma had not heeded her directive meant that he again found himself in breach of the Constitution. 
“Our application seeks the Constitutional Court to compel President Zuma to give effect to this remedial action and appoint the commission within 10 days of the order of the court,” he said. 
Maimane added that the DA had written to Zuma to remind him that should he seek to challenge Madonsela’s report in court, he still needed to obtain a court order to suspend or stay the legal obligation to implement her remedial action. 
“The president’s response to this letter was dismissive, leaving us with no choice but to seek a court order,” he said. 
“Yet again, President Zuma has violated the Constitution, and his oath of office, all in the bid to protect himself from being held accountable for the mafia state he has tried to build.” 
Earlier this year, the Constitutional Court held that Zuma had failed to uphold and respect the Constitution by not complying with Madonsela’s directive that he refund the State for luxuries added to his private home at Nkandla. He was eventually obliged to pay back R7.8 million. 
African News Agency