President Zuma failed to uphold, defend the Constitution - ConCourt

Johannesburg - The Public Protector's remedial action against President Jacob Zuma over the upgrades to his Nkandla home were binding, the Constitutional Court said on Thursday.

"The remedial action taken against the president has a binding effect," said Chief Justice Mogoeng Mogoeng.

"The president failed to uphold, defend and respect the Constitution."

He said that if compliance with the Public Protector's remedial action were optional, then very few would allow it to have any effect.

"And if by design it never had a binding effect then [it would be] incomprehensible how the Public Protector could be effective," Mogoeng said.

Public Protector Thuli Madonsela had found that upgrades which were done on Zuma's homestead were not all security upgrades, as stated.

She found that Zuma had unduly benefited from some of the upgrades which included the building of an amphitheatre, a cattle kraal, a chicken run and swimming pool, among other things.

As a course of remedial action, she recommended that he pay back a portion of the funds used for the upgrades.

Madonela's report however, was set aside by the National Assembly after Zuma made submissions on why he should not pay back the funds. An ad hoc committee led by the Minister of Police also backed Zuma's report and exonerated him from upholding the report. 

The DA and EFF were among the parties that took the matter to the Constitutional Court, arguing that the Public Protectors' report cannot be ignored.

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
DAYS
HRS
MINS
Voting Booth
Did you register to vote in the upcoming elections?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes
61% - 201 votes
No
39% - 126 votes
Vote
Rand - Dollar
14.76
+0.6%
Rand - Pound
20.14
+0.7%
Rand - Euro
17.31
+0.5%
Rand - Aus dollar
10.70
+0.4%
Rand - Yen
0.13
+0.8%
Gold
1,778.93
+0.3%
Silver
22.81
+1.4%
Palladium
1,971.76
+3.3%
Platinum
972.98
+1.7%
Brent Crude
74.36
+0.6%
Top 40
56,888
+1.4%
All Share
63,211
+1.4%
Resource 10
57,091
+2.3%
Industrial 25
81,358
+0.7%
Financial 15
14,105
+1.6%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE