DA files papers to have Nkandla report declared unconstitutional

2015-08-19 17:20
Nkandla (Matthew Middleton/News24)

Nkandla (Matthew Middleton/News24)

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

Cape Town - The DA filed papers in the Western Cape High Court on Wednesday morning to have Police Minister Nathi Nhleko’s report on Nkandla declared “unconstitutional”.

DA leader Mmusi Maimane had threatened legal action over President Jacob Zuma’s homestead shortly before Parliament adopted the report on Tuesday evening.

Parliament’s ad hoc committee had earlier in the month given its approval to Nhleko’s report on Nkandla, despite objections from its opposition members.

Nhleko found that Zuma did not owe a cent for the extensive work done on his property, which was in contrast to Public Protector Thuli Madonsela’s proposed remedial actions.

"After exhausting all parliamentary processes to hold the President to account for the theft of public funds at Nkandla, it has become necessary to approach the courts to do so," Maimane said in a statement.

Unethical and unlawful

"We remain resolute that the President had no authority to arbitrarily substitute the remedial actions taken by the Public Protector for his own."

The DA was relying on a previous judgment which found that actions taken by Madonsela could only be set aside by way of a review application before a judge.

The party believed it was both unethical and unlawful for Zuma to designate Nhleko as the appropriate body to determine whether he owed money for upgrades to his home. 

"To this end, we will also submit that Minister Nhleko’s report be declared unlawful and invalid by its very existence," Maimane said.

The party said it had participated in the ad hoc committee to voice its opposition to the "irrational nature" of the report and its lack of legal standing.

Maimane’s spokesperson, Mabine Seabe, could not immediately provide News24 with the papers as they still had to be served on some parties.

Read more on:    da  |  mmusi maimane  |  jacob zuma  |  nathi nhleko  |  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.

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

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.


How to open a beer bottle without an opener

Do the right thing and never be thirsty again…


You won't want to miss...

WATCH: Man films himself going down water slide upside down as things go very wrong…
WATCH: Conor McGregor: Notorious the trailer
Best date night restaurants in South Africa
WATCH: Ryan Reynolds offers fans a free tattoo in new Deadpool 2 teaser
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.