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.