DA objects to nomination of Mr Jacob Zuma as President of the Republic

The DA today objected to the majority party's nomination of Mr Jacob G Zuma as President of the Republic of South Africa. This nomination is irrational as it is inconsistent with the Constitution of the Republic. 

Mr Zuma through his own conduct has shown himself to be a candidate that has not upheld the Constitution and the law of the Republic, and in doing so, has violated Section 96 of the Constitution.

Section 96(1) makes it clear that Members of the Cabinet must act in accordance with a code of ethics prescribed by national legislation.

Section 96(2) further prohibits Members of the Cabinet from:

(a) Undertaking any other paid work;

(b) Acting in a way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or

(c) Use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.

The evidence set out below demonstrates that President Zuma has contradicted these provisions:

President Zuma has yet to answer for charges of corruption, fraud, money laundering and racketeering.

The reduced record of decision used by the National Prosecuting Authority to drop these charges against President Zuma has yet to be handed over to the Democratic Alliance, as ordered by the Supreme Court of Appeal. President Zuma's own lawyers have used every legal loophole to delay acting on this order to prevent a judicial review of the decision - at great expense to the taxpayer.

President Zuma was found by the Constitutional Court to have made an irrational decision, when appointing Mr Menzi Simelane, to the crucial position of National Director of Public Prosecutions. This appointment was overturned.

The President has not acted on the recommendations of the Public Protector's Report ("Docked Vessels", Report No. 21 of 2013/14), which implicates the Minister of Agriculture, Forestry and Fisheries, Tina Joemat-Pettersson. This infringes upon Section 181(3) of the Constitution. 

The President has not acted on the recommendations of the Public Protector's Report which implicated himself and a number of cabinet Ministers ("Secure in Comfort", Report No. 25 of 2013/14). This infringes upon Section 181(3) of the Constitution. 

The findings of the Public Protector's report, referred to above, on the Nkandla matter needs specific reference.

The Public Protector found that:

President Zuma tacitly accepted the implementation of all measures at his residence and has unduly benefited from the enormous capital investment from the non-security installations at his private residence.

The President failed to apply his mind to the contents of the Declaration of his private residence as a National Key Point and specifically failed to implement security measures at own cost as directed by it or to approach the Minister of Police for a variation of the Declaration.

His failure to act in protection of state resources constituted a violation of paragraph 2 of the Executive Ethics Code, and accordingly, amounts to conduct that is inconsistent with his office as a member of Cabinet, as contemplated by Section 96 of the Constitution.

As the ultimate upholder of the values of the Constitution and custodian of public funds, it was in the Public Protector's opinion that he ought to have interrogated the need for measures that were clearly non-security.

President Zuma failed to answer 18 key questions put to him by the Public Protector, which were essential to determining his part played in the scandal. This included refusing to hand over a copy of his bond.

In doing so, together with delays on the part of the state, the report was delayed by more than a year.

We have written to the New Speaker, Baleka Mbete of the National Assembly to request her to re-appoint the Nkandla ad hoc committee since time restraints restricted it from completing its work during the 4th Parliament.

The DA will not sit back and let President Zuma's past scandals be buried in Parliament. We will do everything in our power to ensure that he is made to answer for them.

Statement issued by James Selfe MP, Chairperson of DA Federal Executive, May 21 2014

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