#ConCourt’s Nkandla judgment a ‘seminal moment’

The ConCourt ruling on controversial upgrades at Zuma's Nkandla residence would be a "seminal moment" for SA's democracy, the DA has said.

Johannesburg - The Democratic Alliance on Thursday said that the much-anticipated Constitutional Court ruling on controversial upgrades at President Jacob Zuma’s private Nkandla residence would be a “seminal moment” for South Africa’s democracy.

Chairperson of the DA’s Federal Executive, James Selfe, said: “The DA notes with optimism the notice that the Constitutional Court will on Thursday, 31 March 2016, hand down judgment in the matter relating to the upgrades at the President’s private residence at Nkandla to the tune of R246 million of taxpayer money and provide final legal clarity on the force and effect of the Public Protector’s powers as enshrined in our Constitution”.

“We are confident that the court will place decisive sanctions on all those implicated in the abuse of public funds to ensure that never again is the public purse pilfered on such a large scale at the expense of ordinary taxpayers, who so desperately need state resources to uplift them from poverty and other social ills,” said Selfe.

On February 9 the DA argued that Zuma’s failure to “engage rationally” with the Public Protector’s findings and remedial action pertaining to him was “manifestly irrational, illegal and unconstitutional”.

Selfie said: “We furthermore contend that the President’s decision to substitute the remedial action ordered by the Public Protector with a determination by the Police Minister, SIU or Parliament on whether he was liable for any of the costs was illegal and unconstitutional from the very outset”.

He said legal precedent at present, as established by the Supreme Court of Appeal (SCA), was very clear that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to the of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings taken by the Public Protector”.

Selfe said the Constitutional Court “will finally provide legal certainty about the Public Protector’s powers”.

He said the DA has developed the law to large degree in the Schippers & SCA judgments in the matter relating to SABC and Hlaudi Motsoeneng and trusts that the Constitutional Court will “rule definitively” on the matter.

Legal certainty about the powers of the Public Protector, and the force and effect of remedial action taken by the Public Protector, are vital to the successful functioning of South Africa’s constitutional democracy, said Selfe.

Zuma, who initially said he was not liable for any repayments related to upgrades at his Nkandla residence, has since told the court through his lawyers that he is ready to pay back some of the money as directed by Madonsela.

The Public Proector Thuli Madonsela has announced that she will hold a press briefing later Thursday after the Constitutional Court ruling.

African News Agency