Nkandla: ‘National security’ basis of security cluster’s court bid

2014-05-15 14:59

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

President Jacob Zuma’s security cluster ministers will use principles of “national security” to try and overturn Public Protector Thuli Madonsela’s damning report on the controversial R246 million upgrades at Zuma’s Nkandla homestead.

In a press release issued by government spokesperson Phumla Williams today, she said security cluster ministers would take Madonsela’s report on review in court.

“It is the ministers’ view that the Public Protector’s report and the investigation she conducted trespass on the separation of powers doctrine and offend against Section 198(d) of the Constitution, which vests national security in Parliament and the National Executive.”

This particular section of the Constitution deals with the “principles that govern national security” in South Africa.

It states that “national security is subject to the authority of Parliament and the national executive”.

A top constitutional lawyer, who asked not to be named, said an argument intended to overturn the report based on Section 198 would be “rubbish”.

“The section says [Parliament and the national executive] are in command, it doesn’t say that they are immune from scrutiny and accountability.”

The senior counsel said it was bizarre for the state to take Madonsela’s findings on review.

The press release, which says the grounds of review will be more fully canvassed in court papers, also says it is the ministers’ view that some of the findings and remedial action proposed by the Public Protector in her report are “irrational, contradictory and are informed by material errors of law”.

Court papers have not yet been filed in the case.

Madonsela’s report, released in March, said that Zuma and his family had unduly benefited from the upgrades at his home.

It recommended that Zuma pay back some of the money spent on building the complex’s infamous “firepool,” its ampitheatre, a cattle kraal and a chicken coop.

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.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

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


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.


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.