President Jacob Zuma is defying an ANC decision to establish a commission of inquiry into allegations of state capture right away.
Senior party leaders who spoke on condition of anonymity said the ANC top brass were "irritated" and "frustrated" by Zuma's delay in instituting the inquiry.
According to three national executive committee members, Zuma agreed at an NEC meeting in May to establish the commission even before the outcome of his application to have the public protector's recommendations on state capture reviewed.
But Zuma's spokesman, Bongani Ngqulunga, said the president had been advised to wait for the outcome of the court review.
"President Jacob Zuma is on record that he has no objection to establishing a commission of inquiry to investigate the allegations of state capture. Unfortunately, he cannot proceed and do so until his review application of the public protector's remedial action on the appointment of a judge is clarified by the courts," said Ngqulunga.
The case was set down to be heard in the High Court in Pretoria in October, he said.
Frustration mounts
Zuma took the report to court to challenge former public protector Thuli Madonsela's instruction that the judge to head the inquiry be chosen by the chief justice.
The Sunday Times understands that the matter was raised during Monday's national working committee meeting.
"The irritation is the inaction," said one senior party leader. "He is not acting, so frustration is mounting."
Another NEC member said the committee had told Zuma not to wait for the court.
"We said there are two distinct issues ... he must institute an inquiry."
ANC spokesman Zizi Kodwa said the NEC had resolved that the inquiry be established as soon as possible. He said the investigation should include the leaked e-mails that bolster allegations that the Gupta family had influence over cabinet ministers and heads of state-owned companies.
"The allegations contained in the e-mails are quite serious ... the NEC resolved the judicial commission of inquiry should have happened yesterday."
However, Kodwa said such an inquiry must happen "within the law", as the president was the only one with the powers to establish such an inquiry.
"We are not expecting the president to act unlawful. When the public protector calls on the president to establish a commission of inquiry, it must be within the law."
Kodwa said Zuma had the right to seek "clarification" from the court.
