Nkandla: President Zuma had no authority to commission Nhleko report

3 August 2015

The DA notes the remarks made by the Public Protector, Adv Thuli Madonsela, at a press briefing she convened this afternoon that the 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, KwaZulu-Natal.

The DA has long contended, and still asserts that Minister Nhleko’s report into the upgrades at Nkandla emanates from a compromised Minister given that he is appointed by President Zuma which we submit rises to a conflict of interest that may, in fact, be at odds with the Constitution. 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 in this regard.

Judge Schippers found that while the findings of the Public Protector are not outright binding on organs of state, they equally cannot be ignored. The implication of this judgement is that organs of state must implement the findings and remedial action of the Public Protector unless they declare rational grounds, that would stand up in a court, for not doing so.

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.

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.

Therefore the DA eagerly awaits the resumption of the DA’s review application in the SABC matter so that we can get greater legal clarity as to the powers of the Public Protector.

President Zuma and his Cabinet cannot be allowed to undermine a Chapter Nine institution. The law, due process and accountability are critical to democracy. Equally so, it is only fair that everyone, including the President, be subject to the Rule of Law.

Statement issued by James Selfe MP, Chairperson of the DA’s Federal Executive, August 3 2015