Public protector Busisiwe Mkhwebane will not oppose the interdict against the release of the “state capture” report.
In an affidavit filed on Friday, she said she would abide by any decision the High Court in Pretoria took.
President Jacob Zuma and Co-operative Governance and Traditional Affairs Minister Des Van Rooyen both applied for an interdict to prevent the report’s release.
The court would hear their applications on November 1.
Van Rooyen however withdrew his application as the previous public protector, Thuli Madonsela, had told him she had made no adverse findings against him.
In the court papers filed on Friday, Mkhwebane said she was not in a position to advocate that the report, which her predecessor had prepared and finalised, be released. Nor would she ask that Zuma get additional time to submit representations.
“In the circumstances, the appropriate course of action is to allow this court to decide whether or not the report should be released, or whether the president and Mr Van Rooyen should be given additional time within which to submit representations.”
She was willing to make a copy of the report available to the courts, if so directed.
“In effect, I leave the question whether the report relating to the relationship between the Gupta family and the president, or whether the president and Mr Van Rooyen should first be granted additional time within which to make representations, in the hands of the courts.”
She would not oppose any of the applications brought by the intervening parties and abide by the court’s decision, she said.