Nhleko's Nkandla report has no legal standing - EFF

2016-02-09 12:07
Police Minister Nathi Nhleko (Tammy Petersen, News24)

Police Minister Nathi Nhleko (Tammy Petersen, News24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Police Minister Nathi Nhleko's report clearing President Jacob Zuma over repayments for Nkandla upgrades has no legal standing, the Constitutional Court was told on Tuesday.

"That is an unlawful piece of defiance of the report of the Public Protector," submitted Wim Trengove SC on behalf of the Economic Freedom Fighters who believe Zuma violated the Constitution over the Nkandla issue.

"It has absolutely no standing in law," he said. 

The president was not allowed to second guess the public protector and her orders had to be obeyed, said Trengove in hard-hitting submissions to the judges of the highest court in the land.

With Zuma's legal advisor Michael Hulley and Public Protector Thuli Madonsela present to hear him accuse the president of violating the Constitution by ignoring Madonsela's report Secure in Comfort, Trengove said the matter had to be dealt with speedily.

Parliament was in disarray and there had been great unhappiness about the failure to resolve the issue.

Madonsela had explained in a letter earlier in February that the effectiveness of her office had been destroyed because of the perception that her orders are mere recommendations.

Last year, Nhleko publicly presented a video-assisted explanation of why Zuma did not have to pay any money towards the non-security upgrades at Nkandla.

"Our case is one of a failure to obey the Constitution - regardless of bad faith or ignorance of the law," said Trengove.

He said Parliament's ad hoc committee "sat in judgment of the public protector", and had decided that she was wrong.

"That is why they sub-contracted the job [of deciding whether Zuma should pay anything] to the police," he said.

They were supposed to have called the president to account, and they did not.

The EFF wants an order that the president comply with the remedial action of the public protector. The party contends that the failure to comply – about which no material dispute emerges from the papers – infringes a series of obligations imposed specifically on the president by the Constitution.

Read more on:    eff  |  jacob zuma  |  thuli madonsela  |  nkandla upgrade

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.