President Jacob Zuma cannot decide who should chair the commission of inquiry into state capture because he has a direct personal or financial interest in the inquiry's outcome.
This is according to Public Protector Busisiwe Mkhwebane, who filed an affidavit in the high court in Pretoria in Tuesday, opposing Zuma's attempts to take her predecessor's State of Capture report on review.
Zuma wants to have Thuli Madonsela's recommendations set aside, including that the Chief Justice, and not the president, should decide who should chair the commission of inquiry.
On Tuesday, News24 reported that Mkhwebane said Zuma's court challenge has no chance of success. She reportedly argued that his approach was impermissible because the remedial action should have happened by December last year.