Preservation order will protect ‘state capture report’ until it’s released

The interdict hearings against the Public Protector’s much-anticipated “state capture report” will be heard on November 1 but a preservation order has been put in place to ensure that it will be released. 

President Jacob Zuma and Minister Des van Rooyen both applied for interdicts to prevent the interim report on state capture from being released today before Public Protector Thuli Madonsela leaves office. 

Van Rooyen’s application was heard this morning in the North Gauteng High Court before Judge Dawie Fourie. Zuma’s application was to be heard on Tuesday. 

Both Van Rooyen and Zuma were arguing they did not have enough time to respond to allegations made against them in the interim report.

Counsel for the Economic Freedom Fighters, Advocate Tembeka Ngcukaitobi, argued that the report should be released today because they were concerned the report would not released under the new Public Protector, Busisiwe Mkhwebane. 

He said it was of concern that Mkhwebane made it clear that state capture would not be her priority and it was therefore important for Madonsela to complete this final task of releasing the report.

Advocate Dali Mpofu represented the United Democratic Movement and the Congress of the People today and he agreed with the argument made by Ngcukaitobi. 

Judge Fourie asked counsel if they would be satisfied with a preservation order that would protect the report, ensuring it would be released no matter who was in office. 

All counsel were in agreement with this suggestion however, Counsel for Van Rooyen, Stephen du Toit, felt this would disadvantage the incoming Public Protector. 

According to Du Toit, it would be unfair to have the decision made on Mkhwebane’s behalf in her absence. 

Fourie said however that if the counsel for the Public Protector, Azhar Bham, was in agreement with the preservation order then the Public Protector was in effect represented. 

The new date was agreed on by all counsel representing the Economic Freedom Fighters, Democratic Alliance, UDM, Cope and the president. 

Du Toit told Fourie the date was settled on, taking into consideration the diaries of all concerned. In the meantime all parties would have a chance to put their applications together.

The state capture report, as it is now referred to, will not be released today but Madonsela will brief media on other outstanding reports before she bows out this afternoon. 

EFF leader Julius Malema was there for the first session and the party’s secretary-general Godrich Gardee was also there for second half.