Johannesburg - A submission on the Nkandla ad hoc
committee was made to the National Assembly on Wednesday, the Council for the
Advancement of the SA Constitution (Casac) said.
The ad hoc committee's brief is to consider submissions
by President Jacob Zuma in response to Protector Thuli Madonsela's report on
upgrades to his private Nkandla homestead in KwaZulu-Natal, totalling R246m.
Casac's written submission included concerns that the
Special Investigating Unit (SIU) was "not competent to investigate the
findings of the public protector, namely that the president acted in breach of
the Constitution and the Code of Ethics".
On 2 April, the presidency said Zuma would respond to Parliament
on Madonsela's report on the upgrades to Nkandla, once he received a report
from the SIU. Zuma had directed the SIU to investigate the matter.
Madonsela made her report on Nkandla public on 19 March.
Her findings included that Zuma unduly benefited from the upgrades and that he
should pay back a portion of the money.
"His failure to act in protection of state resources
constitutes a violation of paragraph two of the Executive Ethics Code and
accordingly amounts to conduct that is inconsistent with his office as a member
of Cabinet, as contemplated by Section 96 of the Constitution," Madonsela
Casac submitted that Madonsela's findings in this regard
could not be probed by the SIU.
"Under the Constitution and the Executive Members
Ethics Act, that is the responsibility of Parliament."
Casac further submitted that the time limit for the ad
hoc committee's report, due on 30 April, was extremely short and that the
committee had not been given specific terms of reference.
"These factors may ultimately challenge the forensic
ability of the ad hoc committee and place a question mark over the reliability
of its findings or recommendations."