Subject: Public Protector responds to the President’s proposal

Public Protector Adv. Thuli Madonsela has consulted with her office and her legal team on the President’s proposal regarding compliance with the remedial action she took at the conclusion of her investigation regarding the use of public funds for security and other upgrades at the President’s private homestead in Nkandla.

Her standpoint remains that the remedial action taken in her report must be given effect in full unless she has been fully engaged and has relaxed aspects thereof to accommodate changed or unforeseen circumstances.

The current law, as determined in the Supreme Court of Appeal judgment in the DA and others vs SABC and others, is that the Public Protector’s remedial action stands until set aside in a judicial review process.

The Public Protector thanks the President for his endeavour to bring the matter to finality.

Statement issued by Public Protector, 4 February 2016