Nkandla: Zuma, Nhleko, Mbete were wrong to establish parallel processes
16 November 2015
In a replying affidavit filed in the Constitutional Court, the Democratic Alliance (DA) contends that the establishment of parallel investigative processes by the President, Speaker of the National Assembly as well as the Minister of Police were inconsistent with established legal precedent as determined by the Supreme Court of Appeal (SCA).
These parallel processes spawned various other reports, which were aimed at displacing the Public Protector’s “Secure in Comfort” report and allowed President Jacob Zuma to avoid giving effect to the Public Protector’s remedial action and essentially get off scot free.
The SCA had determined earlier this year, in the Democratic Alliance v South African Broadcasting Corporation SOC Ltd and Others mater, that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to the of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings taken by the Public Protector.”
Furthermore, should an affected body or individual seek to challenge the findings and remedial actions of the Public Protector they should do so provide rational reasons by way of a review application in a court of law. The President to date has not done so; he has instead frustrated the work of the Public Protector by way of erecting parallel processes, which have no legal basis.
For far too long President Zuma and the ANC have abdicated on their responsibility to uphold the Rule of the Law and the Constitution, but have done everything to undermine to the work of the Public Protector.
As the DA, we are confident that the highest court in the Republic will put this matter to bed and instruct the President to comply with the remedial action of the “Secure in Comfort” report, which is to pay a reasonable percentage of the costs of the non-security upgrades to his private residence at Nkandla.
Issued by James Selfe, Chairperson of the DA’s Federal Executive, 16 November 2015
