Mbete 'appreciative' of legal certainty provided by ConCourt

2016-04-03 13:30
National Assembly Speaker Baleka Mbete (Parliament TV)

National Assembly Speaker Baleka Mbete (Parliament TV)

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WATCH: Parliament's presiding officers address ConCourt Nkandla ruling

2016-04-03 13:36

Speaking on Sunday, Parliament's presiding officers addressed the media on the Constitutional Court ruling on Nkandla. They maintained the lessons learned were "major" and "most welcomed".WATCH

Cape Town – Parliament's presiding officers on Sunday said they appreciated the Constitutional Court's ruling on Nkandla as there was now legal certainty on reports by Chapter Nine institutions, such as the Public Protector.

"The judgment makes sound, balanced and critical findings," National Assembly Speaker Baleka Mbete told journalists.

"These are major and most welcomed lessons that will serve to guide processes and approach in handling reports of Chapter Nine institutions in the future."

Mbete said she had time to study the judgment and these were her preliminary observations.

Democracy 'alive and well'

"One thing is certain. Our democracy is alive and well. With the benefit of the judgment, certain matters could have been handled differently."

She said they would use the judgment to guide relevant processes in future.

She reiterated the importance of the court as a guardian of the Constitution and welcomed that it had affirmed the National Assembly's powers and oversight responsibilities.

The judgment "boded well" and was important for democracy.

Mbete said all parties should collectively reflect on the judgment. She would meet with leaders of political parties.

In a precedent-setting judgment on Thursday, the Constitutional Court ruled that both President Jacob Zuma and the National Assembly were in breach of their constitutional obligations in the Nkandla matter.

Chief Justice Mogoeng Mogoeng ordered that the National Assembly's absolving Zuma from compliance with the Public Protector's remedial action was invalid and was set aside.

"The National Assembly was duty-bound to hold the president accountable by facilitating and ensuring compliance with the decision of the Public Protector," Mogoeng said.

The National Assembly, like Zuma, could have genuinely believed that it was entitled to second-guess the remedial action.

"But, that still does not affect the unlawfulness of its preferred course of action," Mogoeng said.

Read more on:    anc  |  baleka mbete  |  parliament 2016  |  politics  |  nkandla upgrade

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