Nkandla: DA to move for rescindment of Nhleko reports
26 April 2016
The stubborn determination of Minister of Police, Nathi Nhleko, to defend his legally indefensible report on the Nkandla scandal – despite the Constitutional Court’s judgment – requires an urgent rescindment from Parliament.
The bottom line is that Nhleko’s report was conjured up to discredit and undermine a Chapter Nine institution, and to do everything possible to protect Jacob Zuma at the expense of the Constitution.
This cannot be tolerated. As such, the DA will move that the report submitted to Parliament by the Minister Nhleko and the Ad Hoc Committee report subsequently adopted by the National Assembly (NA) be rescinded in terms of NA Rule 95(2)(b) on the grounds that they both are borne from legal invalidity.
The Constitutional Court effectively determined that the Police Minister’s report into the Nkandla debacle is invalid and therefore set it aside. It was an unconstitutional attempt to usurp the role and authority of the courts.
In so doing, Chief Justice Moegoeng Moegoeng stated unequivocally that “There was everything wrong with the National Assembly stepping into the shoes of the Public Protector, by passing a resolution that purported effectively to nullify the findings made and the remedial action taken, by the Public Protector and replacing it with its own findings and ‘remedial action’. This, the rule of law is dead against … by passing that resolution, the National Assembly effectively flouted its obligations."
Parliament now has an opportunity to right its wrongs and to move steadfastly to rescind Parliament’s report absolving President Zuma of all liability.
To this end, Parliament can re-establish its reputation, and show that it is not merely a rubber-stamping institution, by doing its part to invalidate all reports that failed dismally to stand up to constitutional scrutiny.
We contend that Parliament is duty-bound in terms of section 55(2) of the Constitution to give effect to the Constitutional Court’s judgement by doing its part to fix the mess it created in the first place and show that Parliament is committed to the Rule of Law and the Constitution.
This is also an opportunity for Parliament to send a strong message that never again shall an illegitimate report be entertained as this rescindment will serve as precedent in this regard.
In light of what has transpired to date, Minister Nhleko’s report and Parliament’s subsequent ad hoc committee report are clearly invalid and must be rescinded as soon as possible.
On 03 August 2016, South Africans have an opportunity to vote in the Local Government Elections for DA governments that put the Constitution first and to fire local government officials who, like Minister Nhleko, choose themselves, President Zuma and the ANC above the needs of the millions of South Africans who so desperately need change - change that stops corruption and provides better services for all.
Issued by Zakhele Mbhele, DA Shadow Minister of Police, 26 April 2016
