Public Protector Busisiwe Mkhwebane has accused President Jacob Zuma of undermining the Chapter Nine institution by failing to comply with her predecessor’s remedial action to institute an inquiry into state capture. This is the second time Mkhwebane has accused the president of undermining the protector. In papers filed with the high court, Mkhwebane invoked the Constitutional Court’s judgment on Nkandla that reaffirmed the public protector’s powers by ruling that the office’s remedial action was binding and admonished the president for failing to comply with it. She also referred to the Supreme Court of Appeal finding in the Hlaudi Motsoeneng case that the public protector’s remedial action was binding. Crucially, in her affidavit Mkhwebane supports the remedial action of her predecessor, Thuli Madonsela, to institute an inquiry into state capture under a judge to be appointed by Chief Justice Mogoeng Mogoeng. Zuma’s failure to comply with this undermined her office’s powers, she ...

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