Nkandla: DA lodges papers with Western Cape High Court

19 August 2015

The DA has this morning filed papers with the Western Cape High Court to have the Minister of Police’s report on Nkandla declared unconstitutional after it was bludgeoned through the ad hoc committee and ultimately adopted last night by the National Assembly. 

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

To this end, the DA, in our founding affidavit, submits to the Court that President Jacob Zuma’s failure to rationally engage with the Public Protector’s findings and comply with the remedial action in her report be declared manifestly irrational and set aside on the grounds it is unconstitutional and invalid as a matter of law.

Our position in this regard is vindicated by the Schippers judgement in the SABC matter which found that actions taken by the Public Protector can only be set aside by way of a review application before a competent judge.

It is both unethical and unlawful for the President to designate the Minister of Police – who owes his job to the President – as the appropriate body to come to a determination on whether he owes any money for the upgrades to his private home. To this end, we will also submit that Minister Nhleko’s report be declared unlawful and invalid, by its very existence.

This marks the next step in our fight to see that the remedial actions taken against the President by the Public Protector are upheld and enforced, and that he repay a portion of the costs of the undue benefit he received from the upgrades to his private residence at Nkandla.

The DA participated in the ad hoc committee established to consider the report by the Police Minister with a view to voicing our opposition to the irrational nature of his report, and its lack of legal standing on the matter. This position was further communicated to the Speaker and the Minister by our lawyers subsequent to the release of the report in May.

Despite all attempts by the Opposition to prevent the ad hoc committee and Parliament, from adopting the report, the ANC facilitated another whitewash to shield the President from accountability.

The DA fundamentally believes in the supremacy of the Constitution, the separation of powers and the independence of Chapter 9 institutions. The President’s refusal to engage constructively with the Public Protector and use members of his Executive to absolve him of responsibility is in direct contravention of his oath to uphold the law of our land.

The DA will not allow the President to get off the hook for this abuse of public money. We must send a clear message to South Africa that corruption – regardless of who perpetrates it - will not be tolerated.

Statement issued by DA leader, Mmusi Maimane, August 19 2015