Nkandla: Nkandla ConCourt judgement a seminal moment for SA’s democracy

29 March 2016

The DA notes with optimism the notice that the Constitutional Court will on Thursday, 31 March 2016, hand down judgement in the matter relating to the upgrades at the President’s private residence at Nkandla to the tune of R246 million of taxpayer money and provide final legal clarity on the force and effect of the Public Protectors powers as enshrined in our Constitution. 

This will mark a seminal moment for South Africa’s democracy and we are confident that the Court will place decisive sanctions on all those implicated in the abuse of public funds to ensure that never again is the public purse pilfered on such a large scale at the expense of ordinary taxpayers who so desperately need state resources to uplift them from poverty and other social ills.

Specifically, on 09 February 2016 the DA argued that President Zuma’s failure to engage rationally with the Public Protector’s findings and remedial action pertaining to him was manifestly irrational, illegal and unconstitutional. We furthermore contend that the President’s decision to substitute the remedial action ordered by the Public Protector with a determination by the Police Minister, SIU or Parliament  on whether he was liable for any of the costs was illegal and unconstitutional from the very outset.

Legal precedent at present, as established by the Supreme Court of Appeal (SCA), is very clear that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to the of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings taken by the Public Protector.”

We know that the Constitutional Court will finally provide legal certainty about the Public Protector’s powers. The DA has developed the law to large degree in the Schippers & SCA judgments in the matter relating to SABC and Hlaudi Motsoeneng and trusts that the Constitutional Court will rule definitively on the matter.

 Legal certainty about the powers of the Public Protector, and the force and effect of remedial action taken by the Public Protector, are vital to the successful functioning of South Africa’s constitutional democracy. 

Issued James Selfe, Chairperson of the DA's Federal Executive, 29 March 2016