DA submit supplementary heads in the ‘State of Capture’ case

Please find the supplementary heads of argument here.
The DA has submitted our supplementary heads of argument on the implications of President Jacob Zuma’s last-minute withdrawal of certain relief initially claimed, requesting that the Court order that the Public Protectors remedial actions in her ‘State of Capture’ report be set aside, but without any further investigation by the office.
The intention behind this bizarre withdrawal is clearly another attempt by President Zuma to avoid his day in court.
Essentially, President Zuma hopes that this latest delaying tactic will mean that there will be no further investigation by the Public Protector or that a Commission be established to investigate the Presidents role in the project of state capture. Alternatively, he hopes that should any further investigation go ahead, that he would be able to pick the Chairperson of a Commission and set the terms of reference.
We have argued that due to this clear ulterior motive in the withdrawal of this relief, the court has an obligation to dismiss the entire application to prevent the abuse of the administration of justice.
Moreover, as the President has previously conceded that the Public Protector’s remedial action is binding, we argue that the court should not only dismiss this application, but it should direct the President to implement the Public Protector’s remedial action immediately.
The DA will continue to make sure that President Zuma gets his day in court, in this case, and others, like any other ordinary citizen. Every day that he is allowed to abscond from justice is another day that compromises the future of South Africa.