President Jacob Zuma violated the Constitution‚ which he was duty-bound to uphold‚ when he failed to give effect to the findings of the public protector on the upgrades to his home in Nkandla.
This is why the Constitutional Court must give Zuma and Parliament a slap on the wrist and order the president to pay up‚ the Economic Freedom Fighters (EFF) said in an application to the court.
The party has asked the court to declare that the National Assembly has failed to fulfil its constitutional obligation to ensure that all executive organs of state were accountable to it in that it failed to ensure that Zuma complied with the remedial action recommended by Public Protector Thuli Madonsela.
The party also wants the court to declare that Zuma‚ as head of the national executive‚ had failed to fulfil his constitutional obligations to implement the findings and remedial action in the public protector’s report. The party also wants the court to direct Zuma to comply with the remedial action by Madonsela within 30 days of the court order.
Madonsela recommended that Zuma pay back a portion of the money spent on upgrades at his home that were not for security puposes‚ which she found included the swimming pool‚ visitor’s centre‚ cattle kraal and chicken run.
The Presidency and National Assembly Speaker Baleka Mbete have until Friday August 21 – 10 court days after the application was filed on Thursday last week — to respond.
“Applications for direct access to the Constitutional Court are not easily granted because that court is generally reluctant to sit as a court of first and final instance‚” said Bongumusa Sibiya‚ an associate at Bowman Gilfillan Africa Group.
Sibiya said direct access to the Constitutional Court was granted only if it was in the interests of justice to do so.
“If a matter can be heard by another court‚ absent any jurisdictional and/or other compelling factors‚ an application for direct access to the Constitutional Court is likely to be unsuccessful.”
The EFF relies on section 167(4)(e) of the Constitution‚ which states that only the Constitutional Court may decide that Parliament or the president has failed to fulfil a constitutional obligation.
“(Zuma) has failed to protect and promote the independence of the public protector‚ despite being under a constitutional duty to do so‚” EFF deputy president and chief whip Floyd Shivambu said in his affidavit in support of the application.
“By failing to give effect to the findings of the Public Protector and at the same time not challenging such findings in court‚ the president has undermined the independence and effectiveness of the public protector.”
He said the National Assembly was also obliged to protect the public protector by giving effect to her determinations‚ which could not be altered at the instance of the National Assembly.
“Unfortunately‚ neither the president nor the National Assembly has carried out the findings and determinations of the public protector‚” Shivambu said.
EFF: Zuma and parliament violated the constitution
This is why the Constitutional Court must give Zuma and Parliament a slap on the wrist and order the president to pay up‚ the Economic Freedom Fighters (EFF) said in an application to the court.
The party has asked the court to declare that the National Assembly has failed to fulfil its constitutional obligation to ensure that all executive organs of state were accountable to it in that it failed to ensure that Zuma complied with the remedial action recommended by Public Protector Thuli Madonsela.
The party also wants the court to declare that Zuma‚ as head of the national executive‚ had failed to fulfil his constitutional obligations to implement the findings and remedial action in the public protector’s report. The party also wants the court to direct Zuma to comply with the remedial action by Madonsela within 30 days of the court order.
Madonsela recommended that Zuma pay back a portion of the money spent on upgrades at his home that were not for security puposes‚ which she found included the swimming pool‚ visitor’s centre‚ cattle kraal and chicken run.
The Presidency and National Assembly Speaker Baleka Mbete have until Friday August 21 – 10 court days after the application was filed on Thursday last week — to respond.
“Applications for direct access to the Constitutional Court are not easily granted because that court is generally reluctant to sit as a court of first and final instance‚” said Bongumusa Sibiya‚ an associate at Bowman Gilfillan Africa Group.
Sibiya said direct access to the Constitutional Court was granted only if it was in the interests of justice to do so.
“If a matter can be heard by another court‚ absent any jurisdictional and/or other compelling factors‚ an application for direct access to the Constitutional Court is likely to be unsuccessful.”
The EFF relies on section 167(4)(e) of the Constitution‚ which states that only the Constitutional Court may decide that Parliament or the president has failed to fulfil a constitutional obligation.
“(Zuma) has failed to protect and promote the independence of the public protector‚ despite being under a constitutional duty to do so‚” EFF deputy president and chief whip Floyd Shivambu said in his affidavit in support of the application.
“By failing to give effect to the findings of the Public Protector and at the same time not challenging such findings in court‚ the president has undermined the independence and effectiveness of the public protector.”
He said the National Assembly was also obliged to protect the public protector by giving effect to her determinations‚ which could not be altered at the instance of the National Assembly.
“Unfortunately‚ neither the president nor the National Assembly has carried out the findings and determinations of the public protector‚” Shivambu said.
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