Public Protector Thuli Madonsela on Monday rejected President Jacob Zuma’s demand that she delay her investigation into state capture and urged him to respond to the questions she had put to him.
Madonsela said contrary to Zuma’s claim earlier in a presidency statement, he was informed months ago of the nature of the questions she required him to answer in a probe triggered by Deputy Finance Minister Mcebisi Jonas’s confirmation of reports that the Gupta family had offered him promotion to the head of the portfolio.
“The Public Protector would like to report that President Jacob Zuma was afforded a proper opportunity to tender his evidence since 22 March 2016,” her office said in a statement that included copies of two letters sent to the president since that date.
Madonsela added that she had already acceded to Zuma’s demand, put in the presidency statement, for access to evidence submitted to her by other witnesses interviewed in the course of the investigation.
It will be her last before she leaves office in four days, and marks another open clash with Zuma months after his long-held refusal to heed her directive that he repay public funds spent on his home saw the Constitutional Court find that he had flouted the law.
Madonsela interviewed Zuma last Thursday, and the objections raised by the presidency on Monday, included a complaint that he had understood the meeting to be a briefing, and that the questions she put to him went beyond what he was led to expect.
His office demanded that she give an undertaking on Tuesday, that she would not produce findings until he had been given all evidence that concerns him, a chance to interview witnesses with his lawyer and a “proper opportunity to tender his evidence”.
“It is imperative that the president be given a full opportunity to be heard in order to avoid remedial actions that can be made, based on evidence not tested by him as the implicated person in the investigation,” it said.
Madonsela responded: “President Zuma was on Saturday, October 01, 2016, given all copies of evidence implicating him.”
She added that last Thursday, marked the first time he had asked to be allowed to question witnesses and that in response she would ask him to submit written questions that will be put to the witnesses in question in writing.
“His lawyer raised a request to question witnesses for the first time on Thursday, October 06, 2016 when he was asking for a deferment of the investigation to the next Public Protector.
“A letter has been prepared to advise the president to submit questions that will be put to witnesses on his behalf.”
In his letter to Madonsela, Zuma had described her wish to wrap up the investigation as “ill-founded” and said it might well be concluded by her successor, Busisiwe Mkhwebane.
But Madonsela insisted that it was urgent, and referred to the requirement of the Executive Members’ Ethics Act that an investigation into possible violations of it would be concluded within 30 days.
“It is of concern to the Public Protector that the president has on two occasions undertaken to answer questions and when the time arose, he changed his mind,” she said.
“The Public Protector genuinely believes it is in the interests of the president to account for what he knows regarding the allegations which the Public Protector already forwarded to him in March 2016.
“She also believes it is in the interest of public trust that the matter be concluded expeditiously. She accordingly appeals to the president to assist with any information he has that can assist the investigation, primarily, by answering the questions put to him.”
The Democratic Alliance, a complainant in the investigation, said Zuma was using delaying tactics.
“This last ditch attempt to stall the State Capture probe points to a panicked man whose chickens have finally come home to roost,” DA leader Mmusi Maimane said.
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