State of Capture: Public Protectors Report

The Pretoria High Court ordered the release of the on state capture. The report looks into allegations that South Africa’s President Jacob Zuma has allowed his close friends, the Gupta family to capture the state. It recommends establishment of a judicial enquiry headed by the Chief Justice Mogoeng Mogoeng.

The full report can be accessed here: https://www.ujuh.co.za/wp-content/uploads/2016/11/Public-Protector-State-of-Capture-14-October-2016.pdf

It has the following prelude:

“One of the crucial elements of our constitutional vision is to make a decisive break from the unchecked abuse of State power and resources that was virtually institutionalised during the apartheid era. To achieve this goal‚ we adopted accountability‚ the rule of law and the supremacy of the Constitution as values of our constitutional democracy. For this reason‚ public officebearers ignore their constitutional obligations at their peril. This is so because constitutionalism‚ accountability and the rule of law constitute the sharp and mighty sword that stands ready to chop the ugly head of impunity off its stiffened neck.

It is against this backdrop that the following remarks must be understood: “Certain values in the Constitution have been designated as foundational to our democracy. This in turn means that as pillar-stones of this democracy‚ they must be observed scrupulously. If these values are not observed and their precepts not carried out conscientiously‚ we have a recipe for a constitutional crisis of great magnitude. In a State predicated on a desire to maintain the rule of law‚ it is imperative that one and all should be driven by a moral obligation to ensure the continued survival of our democracy.” And the role of these foundational values in helping to strengthen and sustain our constitutional democracy sits at the heart of this application.”

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