An urgent court action has been launched to stop Deputy Chief Justice Raymond Zondo from handing the first batch of the State Capture report to President Cyril Ramaphosa today.
The South Gauteng High Court yesterday postponed this application by Democracy in Action (DIA) until today.
The DIA is chaired by businessman Thabo Mtsweni.
In its urgent court submission, the DIA alleges that during the sitting of the commission, several witnesses who were called by the commission implicated Ramaphosa.
As such, he is not fit to receive the report, the affidavit reads, citing the high court decision that stripped former president, Jacob Zuma, of his right to appoint the judge to chair the commission since he was directly and indirectly implicated.
Mtsweni claimed Ramaphosa was implicated during his tenure as Glencore shareholder when the coal mining company had a contract to supply coal to Eskom.
“The third respondent (Ramaphosa) was the head of African National Congress deployment committee and played a role in the appointment of some of the leaders of State-Owned Enterprises, which were central to the ’State Capture Commission’.
“The third respondent was leader of government business as a deputy president and on inter-ministerial committee of Eskom war room, which is central to the ’State Capture Commission’.
“There is evidence that was led before the commission that the third respondent was the shareholder at Glencore which is the contractor to Eskom and was central to the ’State Capture Commission’ evidence that was led.
“There was evidence that was led before the commission that the third respondent's son had allegedly received money from BOSASA, which money was used in the third respondent’s election campaign and BOSASA is central to the ‘State Capture Commission’ evidence that was led,” reads part of Mtsweni affidavit before the high court.
Arguing his case further, Mtsweni said asked the court to interdict the handover process until the court has fully heard why DIA believes Ramaphosa is not fit for the purpose.