Lawyers representing President Jacob Zuma on Tuesday argued that the Public Protector did not find any wrongdoing in her State Capture report and therefore could not suggest that there should be a commission of inquiry.

“You can’t prescribe a remedy for a condition you haven’t diagnosed,” said Advocate Ishmail Semenya for Zuma.

“The public protector must tell us where she gets the power to say her findings must be investigated by someone else.”

Last year, former public protector Thuli Madonsela recommended that a commission of inquiry be established by Zuma but that the judge to head up the commission should be chosen by the Chief Justice Mogoeng Mogoeng.

Semenya told the North Gauteng High Court on Tuesday that Madonsela’s findings were based on allegations and argued that she should have compiled a report once she had conducted a full investigation.

“The public protector cannot recommend remedial action without investigating and making findings of impropriety.”

Zuma has taken issue with this remedial action and is challenging it in court. He believes the public protector has no right to tell him who should appoint a judge to head up the inquiry.

Semenya said Madonsela had to act within the law and cannot instruct parliament to amend the constitution.

“Is she competent then to direct the president to hold a commission of inquiry? She is not.”

Judge Dunstan Mlambo pointed out that the public protector had indicated that she needed about R31-million to complete the state capture investigation.

He asked Semenya what the public protector ought to have done when she said she did not have enough financial resources.

Semenya said Madonsela should have gone to parliament for assistance.

The matter continues.