DA submits Nkandla SMS judgment to Speaker to back impeachment call

The DA will hand over the Gauteng South High Court judgment on the DA's Nkandla SMS to the Speaker of the National Assembly, Max Sisulu, as further evidence that an ad hoc committee needs to be urgently established for the consideration of my motion to impeach President Jacob Zuma as provided for by section 89 of the Constitution.

The High Court said the DA's Nkandla SMS- which said "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change." is ‘fair comment.'

The judge further stated that "The totality of the [public protector's] findings speak of an untrammeled and uncontrolled, or substantially uncontrolled, access to public funds to benefit, without adequate lawful authority, the state president,"

He also added that "The public protector's report... shows an unchecked or inadequately checked dipping into public funds by those responsible for the significant upgrades to the president's residence which took place, according to the Public Protector's report, with the President's knowledge, tacit approval and to a significant degree active participation'.

This is further evidence in support of our case that President Zuma violated both the Constitution and the law and in doing so is guilty of serious misconduct. The Constitution is clear that such conduct may warrant the President's removal from office.

Following the release of the Public Protector's Nkandla Report, President Zuma should have done the right thing and resigned. When he failed to do so, his party should have recalled him.

Now following a court judgment, which confirmed the Public Protector's findings that the President had detailed knowledge of the upgrades but did nothing to stop them, there is simply no basis for him to continue being in office.

To do so, is to condone corruption.

It is now up to Parliament to do what neither President Zuma nor his ANC are prepared to do: remove him from office - once and for all.

Statement issued by Lindiwe Mazibuko MP, Parliamentary Leader of the Democratic Alliance, April 7 2014

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