Nkandla: EFF want more

Counsel for the Economic Freedom Fighters (EFF) said yesterday afternoon that President Jacob Zuma’s capitulation before the Constitutional Court and acknowledgement that the public protector’s powers were binding was gratifying – but not enough.

Advocate Wim Trengove SC, for the EFF, made this remark as he responded to Zuma’s undertaking to repay some of the money spent by the state on upgrades at his private Nkandla home that were not security-related.

The undertaking came from Zuma's counsel, advocate Jeremy Gauntlett SC, who only recently became involved in the two separate cases brought before the court by the EFF and the DA.

The two opposition parties' cases were heard together yesterday as they sought orders declaring that the failure by the President and the National Assembly to comply with public protector Thuli Madonsela’s proposed remedial action on the Nkandla upgrades was in breach of the constitution.

Gauntlett said Zuma undertook to repay the money, but asked the court not to make the orders sought by the EFF and the DA.

He said the Supreme Court of Appeal had made a ruling on the powers of the public protector last year.

That was in the case between the DA and the SABC about the appointment of Hlaudi Motsoeneng as SABC boss despite a public protector finding that Motsoeneng lied about his qualifications and should be subjected to disciplinary action.

Trengove, however, insisted that the EFF still wanted the court to grant the relief it had sought.

Trengove said the president capitulated only yesterday, while his clients had been demanding since September 2014 that he comply with the public protector's report.

“As far as the president is concerned, he has violated his duty to assist the public protector.

“This means the president has violated his duty to uphold his office. He has, for nearly two years, defied the Public Protector,” Trengove said.

Trengove also said the National Assembly had, for nearly two years, failed to call the President to account and that the EFF still sought three orders from the court, namely:

lThat the public protector has powers to take appropriate remedial action;

lThat the public protector’s remedial actions were and remained binding on the president; and

lThat the president failed to implement the directions of the public protector in breach of his duties.

In her report in 2014, entitled “Secure in Comfort”, Madonsela said some features included in the R246-million security upgrades to Zuma’s Nkandla residence were not security features.

These included a cattle kraal, chicken run, visitor's centre and pool.

A report by Police Minister Nathi Nhleko last year exonerated Zuma from any liability.

Outside court yesterday, EFF deputy president Floyd Shivambu vowed that the party would not allow Zuma to deliver his State of the Nation Address (Sona) tomorrow until he had accounted for firing Nhlanhla Nene as finance minister.

Shivambu said Zuma had caused chaos in the financial markets when he fired Nene.

“The issue of weakening the currency is very essential to South Africa particularly in the time of drought.”

Earlier, hundreds of EFF supporters were blocked by the police using a Nyala armoured vehicle and barbed wire when they stormed the court, trying to get in.

All entrances to the court had been barred and only journalists and those involved in the case were allowed access.

The EFF members set an ANC T-shirt alight and hung it on the barbed wire.

Members of the DA and the Congress of the People (COPE) were also outside the court, singing and chanting for Zuma to pay back the money.

“Voetsek man, f*** off man, bhatala tshelete ,” one of the songs went, and another,” Dubul’uZuma, dubula’ iGuptas .”

“Zuma ulimene mene ,” Cope members chanted. — With additional reporting by Nomahlubi Jordaan