EFF gets green light to take Nkandla to the Constitutional Court

The EFF has been given the green light to fight the Nkandla case in the highest court. 

According to instructions given by Chief Justice Mogoeng Mogoeng, the Constitutional Court will hear the Economic Freedom Fighters’ case on February 9 next year. 

Last month the EFF filed an application with the court in an attempt to force President Jacob Zuma to pay part of the cost of the security upgrades at Nkandla, as the Public Protector had ruled after her investigation into the matter. 

The EFF was taking both Zuma and Parliament to court because, according to the EFF, they failed in their constitutional duties. 

The EFF has argued that, as the highest authority, the president is obliged to uphold, to protect and respect the Constitution. By undermining the Public Protector as a constitutional institution, he failed in his constitutional duty, the EFF told the court earlier in an affidavit. 

Because the National Assembly had failed to see to it that Zuma carried out the Public Protector’s remedial action, he has failed in his constitutional duty to hold the executive accountable. 

In an attempt to force Zuma to pay for the Nkandla upgrades the EFF has asked the court to: 

» Declare that Zuma has failed in his constitutional duties; and 

» To issue an order forcing Zuma to carry out the Public Protector’s recommendations within 30 days.

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