EFF statement on the adoption of an illegal report by the Minister of Police on Nkandla

19 August 2015

The Economic Freedom Fighters condemns Parliament for adopting the illegal report by the Minister of Police, Nathi Nhleko, which unlawfully and unconstitutionally reviewed the findings and remedial actions of the Public Protector on Nkandla corruption. The EFF wrote to the Speaker to caution her against allowing the debate and adoption of this illegal report to proceed while the matter is before the Constitutional Court for a decision.

In spite of the Rule 67 of the Rules of the National Assembly, which prohibits a debate on any matter subject to a pending judicial decision, the Speaker elected to violate the very same rules she is tasked with enforcing and allowed the debate and adoption of an unlawful report to proceed.

Parliament also went against Section 165 of the Constitution, which says that no person or organ of State can interfere with the functioning and operations of the courts. It can never be easy to for parliament to violate the constitution because everyone else will do so with ease.

The EFF warned Parliament during the establishment of the ad hoc committee to consider the report by Nhleko that such process is illegal. It has been, and still is our strong view that reconstituting an ad hoc committee on Nkandla was a waste of time and a waste of taxpayers money as it still yielded nothing new from what has been the ANC vitriolic stance against the Public Protector remedial action contained the report titled: “Secure in Comfort”. 

The ANC insisted on proceeding with an illegal process, colluding with other opposition parties like the Democratic Alliance, with the sole objective of giving legitimacy to an illegal report and to exonerate President Jacob Zuma from criminal responsibility.

Parliament has been reduced a rubber-stamp of illegal decisions from Luthuli House, with ANC Members of Parliament willingly betraying their constitutional responsibility to hold the executive accountable and choosing to attack Chapter 9 Institutions like the Public Protector for fulfilling their constitutional obligations.

The EFF further warned opposition parties like the Democratic Alliance (DA), National Freedom Party (NFP), Inkhatha Freedom Party (IFP), United Democratic Movement (UDM), African Christian Democratic Party (ACDP), African Independent Congress (AIC) and Freedom Front Plus(FF+) against participating in an illegal parliamentary process, whose sole purpose was to legitimise an illegal report. They stood in Parliament grandstanding and pretending to be offended by the outcome of an illegal processes they endorsed and fully participated in.

The adoption of the illegal Nhleko report by the ANC in parliament does not exonerate Zuma from criminal responsibility. The EFF will not rest until Zuma has paid every cent of the money he has stolen from taxpayers by using his Nkandla private residence as a criminal conduit; and until he is behind bars. The EFF commitment to combating corruption will not be derailed by nefarious parliamentary processes whose sole purpose is to protect corrupt individuals from being held accountable. Baleka Mbete and Jacob Zuma as First and Second Respondents in the matter before the Constitutional Court will not escape accountability. The EFF will make Zuma pay back the money.

The EFF further notes the political hypocrisy of the DA who having condoned and legitimised the violation of the supremacy of the Constitution, decided to lodge papers with the Western Cape High Court, for nothing else but opportunistic and politically expedient reasons.

Instead of joining the legally sound application by the EFF  to the Constitutional court, which is the most sensible and responsible thing to do, the DA chose to lodge a parallel process to once more undermine all efforts to vigorously fight corruption and hold the executive accountable.

The DA has been engaged in much of the same since its formation and failed to restore and compel the ruling ANC to uphold the rule of law. The DA, just like the other so-called opposition parties, are kow-towing to the ANC’s preferred form of opposition which is agreeable and obedient. This kind of opposition is ineffective, useless and serves the interests of the ruling party because it helps the Executive to undermine Parliament and violate the Constitution.

The adoption of the illegal Nhleko report by the ANC in parliament does not exonerate Zuma from criminal responsibility. The EFF will not rest until Zuma has paid every cent of the money he has stolen from taxpayers by using his Nkandla private residence as a criminal conduit; and until he is behind bars.

The EFF commitment to combating corruption will not be derailed by nefarious parliamentary processes whose sole purpose is to protect corrupt individuals from being held accountable. Baleka Mbete and Jacob Zuma as First and Second Respondents in the matter before the Constitutional Court will not escape accountability. The EFF will make Zuma pay back the money.

The EFF will remain steadfast in defending the constitution, rule of law, protecting the independence of the judiciary and Chapter 9 institutions, such as the Public Protector and in ensuring executive accountability

Statement issued by the Economic Freedom Fighters. August 19 2015