Madonsela: Remedial actions remain binding

2016-02-04 21:15
Thuli Madonsela (Lerato Maduna, Netwerk24)

Thuli Madonsela (Lerato Maduna, Netwerk24)

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

Johannesburg - Public Protector Thuli Madonsela responded to President Jacob Zuma's proposal on Thursday saying that the remedial action taken in her report should remain binding for now.

"Her standpoint remains that the remedial action taken in her report must be given effect in full unless she has been fully engaged and has relaxed aspects thereof to accommodate changed or unforeseen circumstances," the statement said.

This after Madonsela met with her legal team on Wednesday to discuss Zuma's surprise proposal regarding paying back public money spent on his private residence in Nkandla.

The EFF and DA were due to argue in the Constitutional Court next Tuesday that Zuma needed to comply with Madonsela's recommendations and repay a reasonable part of the R246m spent on renovations at his Nkandla homestead. Madonsela joined the court action as a friend of the court.

In his proposal to settle the matter, Zuma suggested that the Auditor General and the finance minister determine how much he owes for non-security upgrades to his private home.

President Zuma said if the court were to accept his proposal, there would be no need for Tuesday's hearing to seek clarity on the powers of the Public Protector.

According to Madonsela the current law stated that the Public Protector's remedial action stands until set aside in a judicial review process.

This law was determined during the Supreme Court of Appeal judgment in the case between DA and others vs SABC and others regarding Hlaudi Motsoeneng being appointed as Chief Operations Officer in 2014.

He was appointed despite Madonsela's remedial recommendation that he be suspended pending a disciplinary inquiry.

The outcome of that case was that remedial action by the Public Protector does indeed have a legal effect.

Read more on:    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

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.

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.