Nkandla judgment day

2016-03-31 07:13
Nkandla. (City Press)

Nkandla. (City Press)

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

Video

NKANDLA: Everything you need to know ahead of judgment

2016-03-30 16:32

On Thursday the Constitutional Court will hand down judgment on Nkandla. WATCH

Johannesburg – A little more than a month after the Constitutional Court heard arguments in the EFF and DA's application for an order that President Jacob Zuma repay some of the R246 million spent on his Nkandla home, the court is ready to hand down judgment.

Thursday’s judgment is expected to have a number of facets to it.

The EFF and the DA wanted Zuma to pay back a portion of the money spent on non-security upgrades to his homestead.

A few days before the hearing in February, Zuma sent a letter to the court's registrar to suggest that it order the Auditor General and finance minister to determine how much he should repay for non-security features at Nkandla.

The Constitutional Court was expected to make a final order on this.

The opposition parties wanted the court to rule on whether Public Protector Thuli Madonsela's remedial action, set out in her March 2014 report, Secure in Comfort, was binding.

Ambit of Public Protector's powers

During the hearing on February 9, Madonsela's lawyer argued about the nature and ambit of her powers and the legal effect of her remedial action.

Madonsela stood by the remedial action set out in her report. But she agreed it was no longer appropriate for the police to help determine the reasonable costs of non-security features.

Jeremy Gauntlett, for Zuma, argued that the Nkandla saga had "traumatised the nation”, which was why he had made his proposal regarding the Auditor General and the Treasury.

He claimed the Public Protector Act was a "statutory curiosity" because it did not elaborate what had to be done regarding remedial action.

Zuma accepted that Madonsela wanted certain things done, but differed on how these had to be done, he added.

Parliament took 'wrong position'

Gauntlett put the blame for the fiasco squarely on the shoulders of the Department of Public Works and said Police Minister Nathi Nhleko's report meant nothing. Nhleko, in his report, found all the features built at Nkandla were security-related and Zuma was thus not liable to pay for any of them.

The EFF wanted the Constitutional Court to find that Zuma breached his oath of office and constitutional duties by ignoring the Public Protector’s remedial action.

Gauntlett argued it was a "dangerous year" and warned that if the Constitutional Court ruled that Zuma did breach his oath of office, opposition parties could use it to have him impeached.

Wim Trengove, for the EFF, said the National Assembly violated its constitutional obligations by not holding the president and Cabinet to account.

The judges asked Speaker Baleka Mbete's lawyer, Lindi Nkosi-Thomas, if the National Assembly had erred in its approach to Madonsela’s remedial action.

"Parliament took a wrong position," she conceded.

Read more on:    da  |  eff  |  jacob zuma  |  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.
NEXT ON NEWS24X

Inside News24

 
PARTNER CONTENT
How much food do you need to concentrate?

We have been taught that we need three meals a day in order to make it through the day and while most of us indulge in more than our fair share there is a large portion of South Africans who are living off barely enough to sustain them.

/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.