Deputy Chief Justice Raymond Zondo and Chief Justice Mogoeng Mogoeng. Picture: RAJESH JANTILAL
Deputy Chief Justice Raymond Zondo and Chief Justice Mogoeng Mogoeng. Picture: RAJESH JANTILAL

President Jacob Zuma will appoint a judicial commission of inquiry into state capture. 

He said he had asked Chief Justice Mogoeng Moegoeng to provide him with the name of the judge to head the commission - in keeping with the remedial action stipulated in former public protector Thuli Madonsela's State of Capture report.

"He has selected Deputy Chief Justice Raymond Mnyamezeli Mlungisi Zondo," Zuma said.

The president usually appoints judges to head commissions of inquiry, but in this case, Madonsela said Mogoeng should appoint the judge as Zuma was too conflicted to do so.

Zuma's son Duduzane and his friends the Gupta family are at the heart of the state capture allegations. 

Zuma's decision to appoint the commission follows the public protector's investigation and remedial action regarding complaints and allegations of state of capture, as well as an order by the High Court in Pretoria. 

The decision is an about-turn for Zuma, who had initially announced that he would appeal the judgment, going against a resolution by the ANC conference that the judicial commission of inquiry must be appointed in line with the remedial action given by the public protector in the State of Capture report. 

"The court ordered that, among other things, the remedial action of the public protector is binding and that the president is directed to appoint a commission of inquiry within 30 days, headed by a judge solely selected by the Chief Justice. The court also ordered that I should personally pay the costs of the review," Zuma said in a statement. 

Zuma appealed the cost order as well as the order regarding the duties of the president to appoint commissions of inquiry in terms of section 84 of the Constitution.

He said he would take further legal advice on the prosecution of the appeal. 

"I am concerned that this matter has occupied the public mind for some time now and deserves urgent attention".

He said he had appealed the orders only to the extent that they set a particular precedent for the Office of the President of the Republic and were deserving of legal certainty.

"The allegations that the state has been wrestled out of the hands of its real owners, the people of SA, are of paramount importance and are therefore deserving of finality and certainty," Zuma said. 

"Accordingly, I have decided that, while the issues determined by the order require final determination by higher courts, this matter cannot wait any longer.

"It is of such serious public concern that any further delay will make the public doubt government’s determination to dismantle all forms of corruption, and entrench the public perception that the state has been captured by private interests for nefarious and self-enrichment purposes," Zuma said.

"The commission must seek to uncover not just the conduct of some, but of all those who may have rendered our state or parts thereof vulnerable to control by forces other than the public for which government is elected."