Minister of Police’s Nkandla report is unconstitutional

The Public Protector, Thuli Madonsela has stated that Minister of Police, Nathi Nhleko, had no legal authority to make a determination on President Jacob Zuma’s liability for the upgrades to his private residence at Nkandla.

Thuli Madonsela - South Africa's anti corruption fighter
Thuli Madonsela – South Africa’s anti corruption fighter

Madonsela held a press conference yesterday to release her statement as she has not been invited back to Parliament to deliver her findings to the parliamentary ad hoc committee

The Democratic Alliance has supported Madonsela and believes that President Zuma is avoiding the Nkandla issue.

“The DA has long contended that Minister Nhleko’s report into the upgrades at Nkandla emanates from a compromised Minister given that he is appointed by President Zuma,” said James Selfe from the Democratic Alliance.

“With every passing day it becomes more and more apparent that this was a deliberate attempt to absolve President Zuma of any and all accountability,” added Selfe.

It is critical to reiterate that if President Zuma disagreed with  the Public Protector’s report and the remedial action therein expressed it is for him to approach the courts by way of a review application to have her remedial actions set aside, not to commission a member of his Cabinet to contradict it and thereby substituting his own compromised findings in place of the Public Protector’s.

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Brenton Swim School 2013

To this end President Zuma has commissioned a report that is in contravention of due process and is therefore unconstitutional in the first instance.

The Ad Hoc Committee should on these grounds set aside the Zuma-Nhleko report on the grounds that its very existence is legally untenable and therefore irrational.

President Zuma, Minister Nhleko and the ANC at large have treated the Public Protector with disdain in an attempt to diminish the authority of her office.

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