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Cape Town - President Jacob Zuma has approached the North Gauteng High Court in Pretoria to review and set aside the remedial action recommendations of the public protector's State of Capture report.
In his affidavit, filed on Friday, Zuma challenges the recommendation that a commission of inquiry be established, saying it "violates the rule of law that it is inconsistent with the Constitution and breaches the separation of powers principle".
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He said any attempt to implement the remedial action would be an abdication of his constitutional responsibility, rendering the judicial inquiry "unlawful and a nullity".
According to the court papers published by eNCA, Zuma argued that the decision to establish a commission of inquiry, as well as its head, was his.
During his last question-and-answer session in the National Assembly for the year in November, Zuma said no one could instruct the president to establish a commission, or detail the steps of how it should be done.
He questioned the authority of then Public Protector Thuli Madonsela's recommendation which calls for the establishment of a judicial commission to investigate allegations detailed in her State of Capture report.
Madonsela was investigating allegations of an improper relationship between Zuma and the powerful and politically-connected Gupta family whom the president has referred to as his friends.
Madonsela said in the report she didn't have the resources to finish the investigation and recommended a judicial inquiry.
