Aug 9, 2022

Mawazo Writing Africa

Writing about the main

Why take a year to seek legal recourse, judge asks group challenging state capture handover to Ramaphosa

Johannesburg Supreme Court Justice Avrielle Maier-Frawley has questioned the timing of Democracy in Action to block the handover of the first part of the State Conquest Inquiry to President Cyril Ramaphosa on Tuesday .

The court hears arguments on the urgency of the matter.

Democracy in Action appealed to the Supreme Court urgently on Monday to defend the incumbent Chief Justice Raymond Zondo from Prohibit delivery of the report to Ramaphosa on the grounds that it was “implicated” by witnesses and is therefore not the best place to receive the report.

The President is in possession of an electronic Copy of the report. However, a handover ceremony is planned for Tuesday afternoon, at which the President will be given a printout of the first report on the three-part results of the investigation.

Representing the investigation into the arrest of the state, attorney Tembeka Ngcukaitobi referred to the case of Called Democracy in Action a “reckless and reckless challenge”.

“This is a self-created urgency and the case should be struck off the list at a cost,” said Ngcukaitobi.

Der Richter asked, “As of January 2021, the applicant believed that the President was involved and was not the right person to receive the report. However, they did not seek legal recourse and waited a year to initiate proceedings on the eve of the ceremonial handover of the report. Why the delay? “

Lawyer Sizo Dlali, who represents Democracy in Action, said his clients tried to join the investigation to raise objections but got no response.

Dlali claimed they should not be punished by the court for not filing the case earlier.

“The delay in bringing proceedings should not be seen as a self-inflicted urgency. The applicant tried several times to contact the first and second defendants, but he was not happy. “

Attorney Timothy Bruinders, on behalf of the President and the Vice-President, also asked the court to remove the case from his side in the absence of urgency.

The hearing will continue.