Yet another role player, the Council for the Advancement of the South African Constitution (Casac), today resorted to court to clarify the powers of the Public Protector and to force President Jacob Zuma to heed her report on Nkandla.
Casac is asking the North Gauteng High Court to declare that the PP may make binding orders on organs of state. More specifically, it wants the court to declare that the remedial action recommended in the PP’s report were binding on the president.
Among other things, Public Protector Thuli Madonsela said the president should be made to pay back a “reasonable percentage” of the money spent on non-security features at Nkandla.
Finally, Casac has asked the court to review and set aside police minister Police Minister Nkosinathi Nhleko’s report seeking to exonerate Zuma from any liability for costs of non-security upgrades at his Nkandla homestead.
Casac’s action is the third being brought that seeks to clarify the powers of the PP.
The DA last month filed papers with the Western Cape High Court to declare Nhleko’s Nkandla report invalid and to compel Zuma to comply with the PP’s remedial action.
The EFF has been the bravest to date, seeking direct access to the Constitutional Court for clarity on the PP’s powers. In an unusual move, the CC has agreed to hear the matter. It is seldom that the CC grants an applicant direct access to it and cases usually have to wend their way through the lower courts first. The EFF want the CC to declare that Zuma had failed in his constitutional duties and to issue an order forcing him to carry out the Public Protector’s recommendations within 30 days.
Casac have pulled in Advocate Wim Trengove, SC, one of the country’s heaviest legal hitters in constitutional matters, to argue the matter. Advocate Kate Reynolds will assist him. They are instructed by leading law firm Webber Wentzel attorneys. .
Casac said in a press statement that the application sought to ensure proper accountability from Zuma for the upgrades at his private residence, as well as to clarify the powers of the PP
Casac’s executive secretary Lawson Naidoo says in the founding affidavit that unless her remedial orders were binding on the organs of state, the power conferred on the PP to take action was ineffective.
“She cannot exercise that power for the purpose for which it was conferred – namely, to protect the public against abuse of power by the state – if her orders do not have binding effect … The constitutional purpose is subverted if it is some other state institution or functionary – and in practice often the implicated organ of state itself – who decides what remedy, if any, to implement.”
Casac: Make Public Protector’s orders binding
Casac is asking the North Gauteng High Court to declare that the PP may make binding orders on organs of state. More specifically, it wants the court to declare that the remedial action recommended in the PP’s report were binding on the president.
Among other things, Public Protector Thuli Madonsela said the president should be made to pay back a “reasonable percentage” of the money spent on non-security features at Nkandla.
Finally, Casac has asked the court to review and set aside police minister Police Minister Nkosinathi Nhleko’s report seeking to exonerate Zuma from any liability for costs of non-security upgrades at his Nkandla homestead.
Casac’s action is the third being brought that seeks to clarify the powers of the PP.
The DA last month filed papers with the Western Cape High Court to declare Nhleko’s Nkandla report invalid and to compel Zuma to comply with the PP’s remedial action.
The EFF has been the bravest to date, seeking direct access to the Constitutional Court for clarity on the PP’s powers. In an unusual move, the CC has agreed to hear the matter. It is seldom that the CC grants an applicant direct access to it and cases usually have to wend their way through the lower courts first. The EFF want the CC to declare that Zuma had failed in his constitutional duties and to issue an order forcing him to carry out the Public Protector’s recommendations within 30 days.
Casac have pulled in Advocate Wim Trengove, SC, one of the country’s heaviest legal hitters in constitutional matters, to argue the matter. Advocate Kate Reynolds will assist him. They are instructed by leading law firm Webber Wentzel attorneys. .
Casac said in a press statement that the application sought to ensure proper accountability from Zuma for the upgrades at his private residence, as well as to clarify the powers of the PP
Casac’s executive secretary Lawson Naidoo says in the founding affidavit that unless her remedial orders were binding on the organs of state, the power conferred on the PP to take action was ineffective.
“She cannot exercise that power for the purpose for which it was conferred – namely, to protect the public against abuse of power by the state – if her orders do not have binding effect … The constitutional purpose is subverted if it is some other state institution or functionary – and in practice often the implicated organ of state itself – who decides what remedy, if any, to implement.”
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