POLITICS

We won't allow Zuma to continue to undermine the Constitution – EFF

Fighters say they are ready to repeat the same process as Nkandla and embarrass the president through the courts

EFF statement on Zuma's continued defiance of the Constitution  

24 November 2016

The EFF condemns Zuma's statement during the Parliament Question and Answer Session yesterday about the remedial action as recommended by the Public Protector in the State of Capture Report. Responding to questions in relation to the State of Capture Report, Zuma said "no one, no matter what position they hold, can instruct the president to establish a commission, and even tell the process through which you must go". Zuma said this without even grounding it in law or entertaining the grounds upon which Adv. Thuli Madonsela as former Public Protector made the proposal. We want to guarantee him that we are not going to allow him in his continuation to undermine the constitution of the republic. If Zuma is not happy with the remedial action as recommended by the Public Protector, he must challenge it through a court process. The remedial action of the public protector can only be reviewed through a judicial process, otherwise, they apply and must be implemented.

Zuma has not learned from the Nkandla process which ended in the constitutional court forcing him to pay back the money. Taking platform in parliament to communicate intent to refuse to abide by the legally binding processes demonstrates even further that he has no regard for our historically hard earned constitutional order. But like we managed to make him comply with the Nkandla Report remedial action, we will force him to comply with the remedial action as stipulated in the State of Capture Report.

The State of Capture Report is clear that the reason the Chief Justice must give one judge recommendation which Zuma must appoint to constitute an inquiry is because he himself, Zuma, is a subject of such an inquiry. This recommendation is based on the fact that our constitutional provisions never anticipated that appointment of judicial commissions, which are the prerogative of the president, could be constituted to investigate the president himself/herself. This limitation is what drives the Public Protector to make a recommendation of this manner. If Zuma feels otherwise, he must be prepared to answer to the courts as to what must be done in order to hold him accountable in relation to allegations that he has grossly violated the Executive Code of Ethics. One thing that we shall never accept is that nothing must be done to hold him accountable for relegating our constitutionally democratic mandate to govern South Africa to the Gupta family.

We know for sure that the allegations are true that he relegated decisions on the appointment and reappointment of ministers to the Gupta family. We also know for sure that appointments of Eskom executives, including decisions on business dealings of Eskom have also been directly managed by the Guptas, who are in essence, Zuma's business partners.

We are ready to repeat the Nkandla lesson and embarrass Zuma through courts, if he is not going to comply with the State of Capture Report recommendations in terms of remedial action. IN addition, we will make sure that all costs for litigation are paid in his personal capacity. We will do this because for us, Zuma ceased to be a legitimate President the day the constitutional court ruled that he failed to uphold, defend and protect the constitution. As an illigitimate president, a declared constitutional fugitive and delinquent, we are on guard to make sure he does not escape the State of Capture Report remedial action. 

We reiterate our call that he steps down from the office of the president with immediate effect for he has failed to uphold the constitution. We will never rest, until we remove him and make sure the kleptocracy that he has inaugurated falls with him and in the process gives lesson to all who live out of stealing our public finds.

Issued by Mbuyiseni Quintin Ndlozi, National Spokesperson, EFF, 24 November 2016