The presidency says in a statement Zuma asked Madonsela to stop her investigation until he has been allowed to question witnesses involved in the probe. Meanwhile he has buggered off to Kenya for a state visit while Madonselaís time as Public Protector is running out fast.
The President has asked her to give him access to the witnesses who have been questioned in her ongoing investigation into claims that the controversial Gupta family has played a role in government appointments.
The Presidency on Monday said the President made a written request to the Public Protector to allow him or his legal representative to question other witnesses who have appeared before her.
Last week Zuma appointed Advocate Busisiwe Mkhwebane as the new Public Protector. Mkhwebane will serve for seven years with effect from 15 October. This is Madonsela’s last week in office.
Zuma says he was only given two days before a meeting that took place on Thursday, to prepare and to give evidence on a whole range of matters which exceeded the ambit of the stated request for the meeting.
ìHe [the President] is thus of the view that this short notice did not take into account the provisions of Section 7(9) of the Public Protector Act, which states that the implicated person (the President in this case) or his legal representative is entitled to question other witnesses, determined by the Public Protector, who have appeared before Public Protector,î said the Presidency.
It said the Public Protector Act allows any person who appears before the Public Protector as a witness to be assisted by an advocate or an attorney and to peruse such documents and records in possession of the Public Protector relevant to the investigation in question.
ìThe President has submitted that in adherence to the audi alteram partem rule, he as an implicated person is entitled to the documents and records gathered in the course of the investigation, to enable him to prepare his evidence.
ìThe President is also entitled to question witnesses, assisted by a legal representative.
ìPresident Zuma has also submitted that as the Constitutional Court has previously held that the remedial actions taken by the Public Protector are binding, it is imperative that the President be given a full opportunity to be heard in order to avoid remedial actions that can be made, based on evidence not tested by him as the implicated person in the investigation,î said the Presidency.
The Presidency confirmed that when the President met with the Public Protector on Thursday, he asked that the meeting be postponed so that he can be provided with the relevant documents and records, and where necessary be allowed to question the witnesses who have already testified before the Public Protector.
However, the Presidency said the Public Protector disagreed with the request and instead offered to provide the President with written questions to which he will be required to respond by an affidavit under oath.
ìThe Public Protector has now provided the President with her written questions,î said the Presidency.
Despite this, the Presidency said President Zuma is still of the view that he must be provided with the list of witnesses who appeared before the Public Protector, statements and/or affidavits as well as transcripts of any oral testimony tendered in this investigation.
ìThe President would want to exercise his right to question some of the witnesses before responding to the written questions and adducing evidence.
ìThe Presidency deems the Public Protectorís statement at the said meeting that she was in a ëhurryí to complete the investigation as ill-founded, given the fact that the investigation is not with respect ëpart-heardí and may well be completed after the term of the current Public Protector, as is the case with other pending investigations,î said the Presidency.
It said the Presidentís diary, as was explained at that meeting, is determined well in advance and therefore the truncated period simply does not permit him to properly attend to the matter.
ìThe Presidency has therefore requested an undertaking by the Public Protector on or before close of business today that her office will not conclude the investigation and issue any report until all the evidence received by the Public Protector insofar as it implicates the President or calls upon him to tender an explanation is made available to him; the President is afforded an opportunity to question the witnesses who have tendered such evidence referred to above; and the President has been afforded a proper opportunity to tender his evidence as discussed above,î said the Presidency.