The Madonsela Letters: Zuma is destroying our Constitutional order day-by-day

12 September 2014

The Democratic Alliance categorically condemns President Jacob Zuma's letter to the Public Protector penned yesterday.

The letter attempts to redefine the scope of the Office of the Public Protector, in direct violation of the Constitution.

President Zuma has made it clear that he will stop at nothing to protect himself from liability for the undue benefit of R246 million that accrued to him at Nkandla. This latest salvo is a slap in the face to all South Africans.

The President must uphold the law and protect the Constitution, not destroy its limitations on power, day-by-day.

The Constitution is clear that only a court of law can review the outcomes of Chapter 9 Institutions, which, according to Section 181(2) of the Constitution "are independent, and subject to the Constitution and the law..."

The President says in his letter that "the Public Protector reports ... are, for a variety of reasons impregnable from review". This is patently a misreading of constitutional law.

It is extremely worrying that the President has chosen to misrepresent the Constitution and the work of the Public Protector. In so doing, he has created the incorrect impression that compliance with remedial action taken by the Public Protector is optional.

It is up to the Nkandla Ad Hoc Committee to ensure that President Zuma and all other role players and interested parties appear before it to answer all questions.

The DA will continue to work for accountability and the upholding the Constitution, even if this means subpoenaing Jacob Zuma to appear in person.

Statement issued by Mmusi Maimane MP, DA Parliamentary Leader, September 12 2014

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