At the hearing of the review application into the lawfulness of the remedial action taken by the Public Protector in her state of capture report issued on 2 November 2016, the President abandoned prayer 1.2 of his relief which required the Court to remit the matter back to the Public Protector in the event that the President was successful.

The President has stated in Parliament that he was awaiting the finalisation of the review application in order to establish a commission of inquiry, not through dictation.

Given the President’s unequivocal undertaking to establish a commission of inquiry, it was a logical conclusion not to ask the Court to refer the matter back to the Public Protector for further investigation in the event that the President was successful.

The abandonment of the prayer to refer the matter back to the Public Protector will provide the President with the opportunity to act on what he had stated in Parliament, mindful that such a process must enjoy public confidence that its outcome is credible and legitimate.