Public Protector the David that tamed the ANC Goliath

31 March 2016

Congress of the People applauds the Constitutional Court for the magisterial judgment written and delivered by the Chief Justice. It was a judgment unanimously agreed to by all of the other justices sitting on the bench. It is a landmark judgment.

The ANC Goliath has been tamed. The Public Protector, Thuli Madonsela forever will live in our hearts as the David who tackled Goliath with unflinching courage and steely determination. The Piblic Protector’s office is a gift to the nation and that gift has been preserved for future generations.

The Chief Justice, Mogoeng Mogoeng, began his judgment by observing that the issues before it were “of monumental importance” and went to the heart of the separation of power, the foundational values of our Constitution, and the singular obligations of the President to uphold and defend the Constitution. In the view of the judges, the architectural design of the Constitution was such that the people have the assurance of "self-correction" when circumstances warranted that.

The collective wisdom of the drafters of our Constitution was now being made manifest by recognising how they chose to distribute power and allow for appropriate checks and balances. Thus, the remedial findings of the Public Protector could never be made inconsequential as Deputy Minister John Jeffries, Mathole Motshekga, Cedric Frolic and the ANC as a whole attempted to do. Mr Lekota made it clear that guesswork is out and that regardless of numbers, the ANC has to subject itself to the Constitution. The Constitution is the supreme law of the land.

The Chief Justice emphasised that the Public Protector’s Report on Nkandla was a “high priority matter” that should have “triggered into operation” proper scrutiny of the report by the NA. Henceforth, parliament will have to closely interrogate the meaning of ‘scrutiny’ because the Constitutional Court found that the National Assembly had breached its constitutional obligations in this regard. The stupid “exculpatory reports” of the Minister of Police as well as that of the Ad Hoc Committee had “everything wrong” about them because they were intended to nullify the Public Protector’s Report, violate the rule of law, and illegally second guess the Public Protector’s findings. The Constitutional Court therefore did spared neither the President nor the majority in parliament.

Today is a great day for the people of South Africa. It is now clear that the remedial action determined by the Public Protector is indeed binding. Our democracy has scored. The failure by the President to comply with the remedial action recommended by the Public Protector was found to be inconsistent with the Constitution. Therefore the National Treasury must determine the costs that the President has to pay back and such a report must be presented to the Constitutional Court for signification within sixty days. Thereafter, Zuma must pay back the amount so determined 45 days after that. Zuma must also appropriately reprimand the ministers who were implicated in the Nkandla saga.

The action of the ANC in the National Assembly to second guess the Public Protector was in breach of the Constitution. As such, it was a significant failure on its part to scrutinize the executive. As such its action was declared inconsistent and thus set aside. This is a smack in the face for the ANC in parliament.

The great victory of today is a victory of the people and of the rule of law. It has also vindicated the Public Protector. In as much as the Public Protector is a great gift to the nation, so too is the Constitutional Court, and may it remain so forever.

Zuma no longer has any moral authority to remain in the highest office. He must go immediately for dismally failing to uphold the Constitution. As for ANC MPs who supported the vote to whitewash the Nkandla scandal, it is important that they tender their resignation. They failed the nation in a most serious manner.

Issued by Dennis Bloem, COPE Spokesperson, 31 March 2016