DA submits draft resolution to rescind previous Nkandla ad hoc committee whitewashes

14 October 2015

This morning the DA submitted a Notice of Motion to the National Assembly (NA) in writing requesting that, noting the recent Supreme Court of Appeals (SCA) ruling on the Public Protector’s remedial actions, the House rescind the Nkandla ad hoc committee report adoptions that took place on 13 November 2014 and 18 August 2015.

Last week DA Leader, Mmusi Maimane, wrote to the Speaker of the NA, Baleka Mbete, and requested an urgent sitting of the House this week to deal with this very matter. Today we received a response from the Speaker’s office, declaring that “the matter was not of such urgency that it requires the Speaker to accelerate the resumption of business of the Assembly…” 

The DA is not perturbed by the Speaker’s delaying tactics and will raise the matter again at the next National Assembly Programme Committee meeting, and request that our motion be ‘brought above the line’.

The SCA found that the remedial actions taken by the Public Protector, such as those against the President in her report Secure in Comfort, cannot be arbitrarily substituted or ignored and must be enforced absent a review application.

It also found that, “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to that of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings, decision or remedial action taken by the Public Protector.”

In light of these findings the adoption of Parliament’s previous Nkandla ad hoc committee reports is clearly invalid and must be rescinded as soon as possible.

Statement issued by John Steenhuisen MP, DA Chief Whip, 14 October 2015