FW de Klerk Foundation announces participation in litigation
8 June 2017
The FW de Klerk Foundation announces its participation as co-applicant, with Quaker Peace Centre and AfriForum, in the action against the President of South Africa, the Deputy President and the Government of South Africa. This loose coalition represents a diverse cross-section of South Africans, who are united in seeking the return of constitutional values and the Rule of Law in all matters concerning the State.
The main thrust of the application is to seek a declaratory order from the Constitutional Court that, due to the possibility of being conflicted, the President is unable to act in the appointment of a judicial commission of inquiry into state capture. This conflict of interest is a point that the President has previously admitted before the Constitutional Court in the Nkandla matter.
The President here admitted that he failed to appoint a commission of inquiry due to his being a person of interest in spending for non-security upgrades at his private residence. In addition, section 96(2)(b) of the Constitution states specifically that members of the Cabinet (which includes the President) may not act in any way that “expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests”.
The application also seeks an order to compel the Deputy President to appoint a commission of inquiry under his powers conferred by section 90(1) of the Constitution, in the event that the President is “otherwise unable to fulfil (his) duties”. This commission should investigate allegations of state capture and/or a silent coup in South Africa and report to the Deputy President on its findings and recommendations. The Government of the Republic of South Africa is also requested to afford the commission of inquiry all such logistical support and resources as the chairman of the commission may reasonably request.