Concourt must review Electoral Court's Nkandla SMS judgement

6 May 2014

The DA will seek leave for a Constitutional Court appeal to a truly bizarre judgement this evening by the Electoral Court in the Nkandla SMS matter.

We believe that the Constitutional right to freedom of speech cannot be limited by legislation in an election period, as the Electoral Court claims in its judgement.

Quite the opposite - constitutional protection of freedom of speech should reign especially during elections. 

We still believe that a reasonable reader will agree that the Nkandla Report does indeed show that President Zuma stole your money for his R246 million homestead.

The Public Protector was clear that the President had full knowledge of the Nkandla upgrades and approved of them, despite their unlawfulness. 

What then does the Public Protector's finding that the President "unduly benefitted" from R246 million of taxpayers money mean to a reasonable person? To us our comment was and remains fair.

There remains no doubt in our minds that there are substantive grounds for the President to be impeached and indeed to answer to criminal charges for the Nkandla upgrades.

It cannot be that the right to freedom of speech is limited during an election period. 

The DA will seek direct access to the Constitutional Court, if necessary, to fight for that principle. 

Statement issued by James Selfe, DA Chairperson of the Federal Executive, May 6 2014

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