Thuli Madonsela’s recommendation that President Jacob Zuma appoint a commission of inquiry‚ but whose judge must be selected solely by the chief justice‚ has raised questions about whether she overstepped the boundaries of her powers. The former public protector made this recommendation in her State of Capture report, released on Wednesday. She said the investigation had proven that the extent of issues that needed to be traversed and the resources needed were beyond the office of the public protector. The Constitution says the President has the powers entrusted by the Constitution‚ and is responsible for the appointing commissions of inquiry. Phephelaphi Dube‚ the director of the Centre for Constitutional Rights‚ said there were two issues at play in this regard. "The first being that in the Nkandla matter — the President said that he had not appointed a commission of inquiry because he would have then had to select a judge to preside over the inquiry, and this would create an impr...
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