Opposition to block Ramaphosa from receiving state capture report is ‘ill-conceived and legally untenable’ | Citypress

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The Zondo commission’s opposition to the urgent court bid to block President Cyril Ramaphosa from receiving the state capture report because he was also implicated in state capture is “ill-conceived and legally untenable”

This is according to an answering affidavit filed earlier on Tuesday by Thabo Mtsweni of civil society group Democracy in Action in response to the commission’s opposing papers filed by the commission secretary Itumeleng Mosala on Monday.

He said that Democracy in Action had tried on numerous occasions to engage with the commission and its chairperson, Deputy Chief Justice Raymond Zondo, including at the time when the evidence against Ramaphosa was being led before the commission. He said the urgent application was triggered by Gungubele’s announcement that the report would be delivered to Ramaphosa on Tuesday.“It is the applicant’s contention that the urgency of this application is not self-created, as the applicant tried on number of occasions to engage with the commission in regard to the suitability of [Ramaphosa] to receive the report, but with no success.

“The president is the only person who is entitled to receive the report. He is not receiving it as a party to the commission’s proceedings, but as head of state. He is entitled to receive the report in that capacity, by law,” said Mosala.

 

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