Joining EFF court bid could dent public protector's reputation - ANC

2015-10-12 18:01
Thuli Madonsela Photo: Liza van Deventer

Thuli Madonsela Photo: Liza van Deventer

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

Johannesburg - Public Protector Thuli Madonsela's decision to join the EFF's bid to have President Jacob Zuma repay some of the money spent on Nkandla could dent her institution's reputation, the office of the ANC's chief whip said on Monday.

"There is nothing in law and in terms of court procedures that prevents the institution from aligning itself with political parties in legal matters," spokesperson Moloto Mothapo said in a statement.

"Although perceptions, just like morality, can never be sufficiently regulated under the law, they are critical to the institution's work and public image."

The EFF wants the Constitutional Court to compel Zuma to implement Madonsela's recommendations. The court is expected to hear the matter in February.

In her report Secure in Comfort, released in March last year, Madonsela recommended that Zuma repay a reasonable amount of the R246m spent on upgrades to his Nkandla homestead which were not related to security, like the swimming pool, cattle kraal, and amphitheatre.

Mothapo said Madonsela's decision to "legally align herself" with a political party was ill-advised.

He claimed it made a mockery of the principles Madonsela had to uphold in the eye of the public.

Last week, the Constitutional Court ordered that Madonsela would be joined to the matter as a third respondent, and that she had to file papers on or before October 30.

She had argued that the court’s ruling in the EFF's case would profoundly affect how her office exercised its power, as a recent high court ruling had "severely compromised" it.

Western Cape High Court Judge Ashton Schippers ruled on October 24 2014 that the public protector’s findings and recommendations were not binding and enforceable. He, however, said a definite ruling was needed on the public protector’s powers and remedial action.

Schippers said this in his ruling that SABC chief operating officer Hlaudi Motsoeneng be suspended pending a disciplinary hearing against him.

Madonsela said the ruling had become the prevailing law on the matter and it had "detrimentally impacted" her office.

On Thursday, the Supreme Court of Appeal's (SCA) ruled that Madonsela's findings could not be ignored and Motsoeneng should be suspended for 60 days while a disciplinary hearing into his alleged malfeasance was conducted.

This judgment against the SABC has set a precedent.

However, the Constitutional Court will have the final say on whether Madonsela's findings are binding.

Read more on:    public protector  |  eff  |  jacob zuma  |  thuli madonsela  |  nkandla upgrade

Join the conversation! 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.

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 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.