Protector, opposition cheer ConCourt's Nkandla decision - As it happened

2016-03-31 08:14

The Constitutional Court has found that President Jacob Zuma and Parliament flouted the Constitution by ignoring the public protector's findings. It also found that Zuma must pay for the upgrades.

IN SUMMARY: - Just under seven years after the first news article on the upgrades at President Jacob Zuma's Nkandla homestead, the Constitutional Court ruled that the president flouted the Constitution by not adherring to Public Protector Thuli Madonsela's recommendations. In her report Secure In Comfort Madonsela found that Zuma and his family unduly benefited from the R246m upgrades.

- The ConCourt further found that the National Assembly acted incorrectly when it set aside the protector's report.

- Zuma was given just over three months to pay back the money for some of the upgrades to his Nkandla homestead. Treasury must determine the costs and the president must personally pay the amount within 45 days of the ConCourt's signification of its approval of the report.

- The 11 ConCourt judges ruled that the president to reprimand the ministers who were involved in the incident.

"The president, minister of police and National Assembly must pay the costs of the application and the cost of two counsel," Chief Justice Mogoeng Mogoeng said.


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Last Updated at 08:20
31 Mar 14:13
Madonsela: the office was glued to the TV. No one wanted to speak, except now and then you could see someone say “amandla”.

31 Mar 14:13
The Protector said she hopes the NPA and Hawks will now send her a note to say they won't prosecute her.

31 Mar 14:09
Parliament refused to talk to me - Madonsela

31 Mar 14:06
The role of a public protector is to see your blind spots, says Madonsela.

31 Mar 14:03

Political analyst Daniel Silke says things are getting increasingly difficult for Zuma: "The judgment is a significant blow to the waning power of President Zuma and his supporters.

"More importantly, it fleshes open the divisions between Zuma supporters and those seeking change. It also puts tremendous strain on the ANC caucus who themselves have been indicted in breach of the Constitution.

"The President now faces headwinds on a number of fronts but ultimately, the ball has been placed in the court of the ANC itself and should it not act, the voters of the country in looming local polls. Zuma now is like a punch-drink heavyweight fighter on the ropes - the tipping point has come closer."

31 Mar 13:54
Madonsela says she's learned that all those in leadership positions don't just surround themselves with yes people but with people who disagree with them.

31 Mar 13:50
It's not my place to say whether or not the president is fit for office- Madonsela

31 Mar 13:49
It seems Madonsela cannot stop smiling.

31 Mar 13:44
Public protector hopes that with this judgment we can now work together. Thanks to the ConCourt and we thank the public for supporting us throughout the process. Thanks also for the media.

31 Mar 13:41
PP: Today's judgement restored hope of every Gogo out there. Today is a historical day for the people of South Africa. It's historic because ConCourt has restored the rule of law.

31 Mar 13:29
Oh, Nando's. Never stop being you.

31 Mar 13:29
ANC Secretary General Gwede Mantashe says the party's top 6 will be meeting this evening to discuss the ConCourt ruling implications.

31 Mar 13:25

Oh, the protector's briefing has been delayed but it is still happening.

31 Mar 13:07

President Jacob Zuma has noted and respects the judgement handed down by the Constitutional Court and its findings relating to the Public Protector Report on Nkandla, the President’s homestead, the government has said in a statement.

"The President and government remain confident that our constitutional democracy remains strong and intact and affirms the Chapter 9 institutions established to strengthen and support the country’s democracy," the statement reads.

31 Mar 12:56
UDM leader General Bantu Holomisa: The ConCourt confirmed the president is a danger to the Constitution.

31 Mar 12:53
We're not done with the coverage yet as Public Protector Thuli Madonsela is due to brief the media in a few minutes.

31 Mar 12:39

Parliament failed, the executive (Zuma) has failed. Parliament failed to hold Zuma accountable - Malema

Let SA elect honourable people who will respect the rule of law and Chapter 9 institutions.

31 Mar 12:33
Read the full judgment here.

31 Mar 12:32
I doubt he's read this book, as small as it is, Malema says of Zuma while holding up a copy of the Constitution.

31 Mar 12:28
White people must stop being sensitive, Malema says. Stop being cry babies, join this struggle against white monopoly capital

31 Mar 12:26
Corrupt black people "are not black, you are not one of us", Malema letting rip.

31 Mar 12:23
Malema now speaks on politicians who have been "zombiefied". Our leaders have been converted into zombies by these rich families such as the Ruperts and the Guptas, he says.

31 Mar 12:21
Malema now onto Home Affairs Minister Malusi Gigaba who he says the Guptas have no respect for.

31 Mar 12:18
Malema says Zuma went to Dubai to do business for the Gupta family. He says the Guptas are dumping money in Dubai.

31 Mar 12:15
South Africa must not make the same mistake that the ANC made in not listening to us, Malema warns.

31 Mar 12:11
Today we have been vindicated by the ConCourt's ruling, says EFF leader Julius Malema at a media briefing.

31 Mar 12:09
The judgment is exactly what we wanted - DA leader Mmusi Maimane tells reporters.

31 Mar 12:05
The rand has briefly touched R14.80/$ after the Constitutional Court ruled that President Jacob Zuma must pay back a portion of the money spent on Nkandla.

31 Mar 11:56
The ANC says it has noted and respects the unanimous judgement delivered by the Constitutional Court in the Nkandla matter.

31 Mar 11:27

31 Mar 11:24

Following today’s judgement by the Constitutional Court in the much anticipated Nkandla matter, the Democratic Alliance (DA) has officially begun the process to impeach President Jacob Zuma, in terms of Section 89(1) of the Constitution.

"The Constitutional Court – the highest court in the land – found that President Zuma failed to uphold, defend and respect the Constitution as the supreme law of the land by disregarding the Public Protectors’ report.

"This pivotal judgment confirms the DA’s long held contention that President Zuma seriously violated the Constitution when he sought to undermine the Public Protector’s remedial actions by instituting parallel investigative processes, and his subsequent failure to implement her remedial action," the opposition party said in a statement.

31 Mar 11:04

And I hand down this judgment, Mogoeng concludes.

Court adjourns.

31 Mar 11:03
Zuma must reprimand ministers who (this would include Police Minister Nathi Nhleko) absolved him.

31 Mar 11:02
Mogoeng says the Treasury must report back to ConCourt within 60 days of this order.

31 Mar 11:01
NA must determine the reasonable costs  that Zuma must pay for the upgrades, ConCourt rules.

31 Mar 11:01
Remedial action taken by PP taken against President Jacob Zuma in terms of Constitution is binding, court rules.

31 Mar 11:00
The president failure to comply.... is inconsistent with his obligation to uphold, defend the Constitution as supreme law of the Constitution to comply with PP and to assist.

31 Mar 10:58
These are the orders... this court's power to make orders in constitutional matters set out in Constitution. This court has no choice but to make declaratory order...

31 Mar 10:56
Mogoeng: President accepts the remedial action is binding, and Fin Minister must determine how much he pays back.

31 Mar 10:56
Mogoeng: national assembly and its findings is inconsistent with the Constitution.

31 Mar 10:55
NA effectively flouted its obligations, says MM.

31 Mar 10:53

It should have triggered Parliament's constitutional obligation to hold president accountable as a member of executive and intervene appropriately, says MM.

In a proper construction of its obligations the NA was duty bound to hold the president accountable, the position would otherwise have been different if findings and remedial action had been challenged and set aside by a court which was not done in this case, he further states.

31 Mar 10:52
Moegoeng says the ConCourt's duties are broader than stipulating what measures and procedures Government should follow.

31 Mar 10:50
Courts should not interfere in affairs of government unless empowered by the Constitution, states the chief justice.

31 Mar 10:49

31 Mar 10:49
I touch briefly on separation of powers, says MM. Very important responsibility and each play important role. They deserve space to discharge constitutional obligations.

31 Mar 10:46
MM: National Assembly was entitled to scrutinize PP's findings before holding President accountable.

31 Mar 10:45
Mogoeng: The President may have been acting on wrong legal advice, in good faith. But the illegality still stands.

31 Mar 10:43
Mogoeng: The president thus failed to uphold & defend the Constitution as the supreme law of the land.

31 Mar 10:42
Mogoeng: all the president was required to do was to comply.

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