Parallel Nkandla investigations went against law - DA

2015-11-16 21:16
(Amanda Khoza, News24)

(Amanda Khoza, News24)

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Cape Town - The DA said the establishment of parallel investigations by the President, Speaker of the National Assembly and the minister of police were inconsistent with legal precedent determined by the Supreme Court of Appeal (SCA).

This is according to its replying affidavit filed in the Constitutional Court.

It said the various investigative processes led to several reports aimed at displacing the public protector's “Secure in Comfort” report.

The processes further “allowed President Jacob Zuma to avoid giving effect to the public protector’s remedial action and essentially get off scot-free”, MP James Selfe said in a statement on Monday. 

Selfe said the SCA had determined earlier this year that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process... and adopt the position that the outcome of that... [parallel] process trumps the findings taken by the public protector.

“Furthermore, should an affected body or individual seek to challenge the findings and remedial actions of the public protector they should... provide rational reasons by way of a review application in a court of law. The president to date has not done so; he has instead frustrated the work of the public protector by way of erecting parallel processes, which have no legal basis,” he said.

“For far too long President Zuma and the ANC have abdicated on their responsibility to uphold the Rule of the Law and the Constitution, but have done everything to undermine the work of the public protector.”

Selfe said the DA was confident that the court would instruct Zuma to comply with the remedial action in the public protector’s report “which is to pay a reasonable percentage of the costs of the non-security upgrades to his private residence at Nkandla”.

Read more on:    da  |  jacob zuma  |  cape town  |  politics  |  nkandla upgrade

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