Jan 20, 2022

Mawazo Writing Africa

Writing about the main

State capture report handover to go ahead as court challenge fails

The formal handover of the first part of the report on the arrest of the state to President Cyril Ramaphosa will take place as planned on Tuesday afternoon.

The Johannesburg Supreme Court has dismissed a request for suspension at the eleventh hour for a fee handing the report over to Ramaphosa.

Judge Avrielle Maier-Frawley proposed an urgent offer to Democracy in Actions to prevent Acting Chief Justice Raymond Zondo from handing over the report.

Maier -Frawley said she would write reasons for her order to the parties by next Monday at the latest, but added that it was a self-created urgency and said Democracy in Action is also failing to meet the procedural requirements of the court’s practice guidelines / p>

The merits of the case were not heard, but the parties made arguments on the urgency of the case.

Attorney Tembeka Ngcukai Tobi, for the state arrest commission, told the court that Democracy in The Action was guilty of “self-created urgency” when it tried to pass the report. He described her case as a ruthless, frivolous, and shabby abuse of urgency.

“This is purely political behavior. It was known from the start of the commission that the reports would be handed over to the President on behalf of the Public Protector Report. The public protector made it clear that the report must be presented to the president, “said Ngcukaitobi.

Attorney Sizo Dlali argued in response that Democracy in Action acts in the public interest and should not just be punished for it now Court. Dlali said Democracy in Action made several attempts to raise its objection by delivering the report to Ramaphosa as it was involved by witnesses during the hearings.

Attorney Timothy Bruinders SC for Ramaphosa and Deputy President David Mabusa, asked Maier-Frawley to delete the application from the role and to issue a special cost order because of the urgency he created himself.

“What is missing is the explanation why the applicants needed it a year earlier submitted her application to the court. The schedule of events has always been public, this is a clear case of self-created urgency. It was always known that the report would be given to the President, “said Bruinders.

Bruinders informed the court that Ramaphosa had already received an electronic copy of the first part of the report. “The applicant is concerned that there are allegations involving the President. The allegations of state imprisonment. The concerns about these allegations must relate to the implementation of the report’s recommendations. This can be discussed later, ”said Bruinders.

Ngcukaitobi also stated that Ramaphosa received the report not as a party involved, but as head of state.