#Nkandla case begins in Concourt

Advocate Wim Trengove tells the Constitutional Court court he will talk about how President Zuma defied Thuli Madonsela. Picture: @PublicProtector/Twitter

Advocate Wim Trengove tells the Constitutional Court court he will talk about how President Zuma defied Thuli Madonsela. Picture: @PublicProtector/Twitter

Published Feb 9, 2016

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Johannesburg – Leaders of opposition parties and Public Protector Thuli Madonsela are at the Constitutional Court where two applications by the Democratic Alliance (DA) and the Economic Freedom Fighters(EFF) against President Jacob Zuma were being heard on Tuesday.

Proceedings started at 10am.

The EFF’s advocate Wim Trengrove was presenting the parties’ argument.

EFF deputy president Floyd Shivambu and United Democratic Movement (UDM) leader Bantu Holomisa were present in court.

DA federal executive chairman James Selfe and Glynnis is Breytenbach, the party’s spokeswoman on justice, sat in the front row of the public gallery.

Madonsela, accompanied by her deputy Kevin Malunga, greeted and shook hands with the advocates and politicians.

She beamed and smiled as she received hugs from her legal team and the politicians.

Outside the court, DA supporters held a demonstration and held up placards condemning Zuma on the Nkandla debacle.

“Zuma must adhere to the constitution… we will not back down!!,” shouted one of the supporters.

The court will hear two applications by the DA and EFF on whether the failure to comply with the remedial action set out by Madonsela constituted a breach of constitutional duties by the National Assembly and Zuma.

Madonsela and public advocacy organisation Corruption Watch have been admitted in the case as friends of the court.

Madonsela’s 2014 report found that some of the features at the Nkandla homestead such as the chicken run, swimming pool, and cattle kraal were not security features and proposed remedial action that Zuma, with the assistance of the ministers of police and of finance, determine the costs of those features and repay a portion thereof to the State.

Zuma had until last week defied calls to comply with Madonsela’s directive to pay back some of the money for the non security upgrades.

An investigation by Police Minister Nathi Nhleko cleared Zuma of benefitting unduly from the upgrades which cost South African taxpayers more than R240 million.

In a surprising move last week, Zuma offered to pay a portion of the money, the sum of which would be determined with the help of the Auditor General and the Treasury.

The DA and the EFF have since rejected Zuma’s offer and committed to proceed with the court hearings. The parties want the court to make a ruling on Madonsela’s powers.

The DA further argued that Zuma’s settlement offer did not comply with the remedial actions as ordered by Madonsela.

ANA

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