Public Protector 'the biggest winner' in ConCourt case

2016-02-10 06:38
Thuli Madonsela (Picture: UWC)

Thuli Madonsela (Picture: UWC)

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

Johannesburg - Public Protector Thuli Madonsela was the biggest winner after Tuesday’s Constitutional Court hearing into the Nkandla saga, a legal expert has said.

President Jacob Zuma’s lawyers accepted that her report about Nkandla was binding and had to be implemented, University of Cape Town constitutional law expert Professor Pierre de Vos said.

Zuma further conceded he had been in the wrong and that his actions were based on the fear of further political fallout which could lead to impeachment.

"Thirdly, Parliament did not concede that it acted wrongly, but given the other concessions, it is almost certain that the court will find Parliament completely stuffed up the way it dealt with the Public Protector's report," De Vos said.

Clear guidance

De Vos hoped the justices would deliver clear guidance about Parliament’s role in holding the executive accountable.

"Because from today's hearing it appears as if Parliament is not doing what the Constitution requires it to do."

The Economic Freedom Fighters, the Democratic Alliance, and the Public Protector approached the Constitutional Court for it to clarify the nature and extent of the chapter nine institution's powers to take remedial action.

The EFF and DA further want the court to find that Zuma failed to implement Mandonsela’s directions that he should repay part of the R246m spend in upgrading his Nkandla homestead, in breach of his oath of office and his constitutional duties.

De Vos praised Wim Trengrove, for the EFF, for presenting a "strong, logical, and rational" case.

However, Jeremy Gauntlett, for Zuma, threw a spanner in the works by accepting that Madonsela’s remedial action was binding and that he would repay some of the money.

"That really put a bullet through any case that the respondents might have had," De Vos said.
Court reserved judgment.

Read more on:    constitutional court  |  thuli madonsela  |  jacob zuma  |  johannesburg  |  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

 
/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.