The Department of Justice, and not the Presidency, will release the terms of reference for the much-awaited commission of inquiry into State capture, the Presidency said on Tuesday.

However, the Presidency did not say when, but stated it would be "soon".

"The terms of reference for the commission of inquiry into state of capture chaired by Deputy Chief Justice Raymond Zondo will be released by the Department of Justice and Constitutional Development as soon as they have been finalised," Presidency spokesperson Bongani Ngqulunga told News24.

President Jacob Zuma has faced public criticism for delaying the start of the inquiry by not releasing the terms of reference for the commission.

Zondo said on Tuesday he was ready to start with the inquiry but was waiting for Zuma to publish the terms of reference.

Ngqulunga said the justice department is the lead department for the commission.

The High Court in Pretoria ordered Zuma to comply with former Public Protector Thuli Madonsela's remedial actions in her State of Capture report.

Debate on scope of commission

She said that Chief Justice Mogoeng Mogoeng must recommend the judge to head the commission. He recommended Zondo.

The move was to avoid a conflict of interest as Zuma's relationship with the controversial Gupta family will come under scrutiny during the commission.

The terms of reference have become crucial amid debate on what should be the focus of the commission, with some arguing it should be expanded beyond the politically connected Gupta family.

Madonsela investigated allegations of an improper relationship between Zuma and the Guptas, whom the president has defended as his friends despite allegations that the family offered former deputy finance minister Mcebisi Jonas money to take up the position of finance minister and that former ANC MP Vytjie Mentor was also offered a Cabinet job in exchange for guaranteeing the family a lucrative deal.

The National Prosecuting Authority has obtained preservation orders against Gupta-linked companies including the failed Vrede dairy farm project in the Free State.

It is alleged that R200-million meant for emerging black farmers was instead paid to the family, with about R30-million used to pay for a family wedding.