#NkandlaPayback: Thuli stands firm

Public Protector Thuli Madonsela will assert her position in the #PayBackTheMoney debacle after President Jacob Zuma has offered to settle the matter out of court. Picture: Thobile Mathonsi/Independent Media

Public Protector Thuli Madonsela will assert her position in the #PayBackTheMoney debacle after President Jacob Zuma has offered to settle the matter out of court. Picture: Thobile Mathonsi/Independent Media

Published Feb 5, 2016

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Johannesburg - The DA described President Jacob Zuma’s offer to settle the Nkandla matter out of court as bizarre and cheeky, while Public Protector Thuli Madonsela sought to point out how disingenuous Zuma is.

In a letter sent to the Constitutional Court by her lawyers on Thursday, Madonsela sought to reinforce her authority.

Read: Zuma’s R10m Nkandla costing ‘spurious’

This was in particular reference to parts of the Nkandla report titled Secure in Comfort, parts of which appear to have been overlooked by Zuma on an offer he made this week to settle the matter.

In that report, Madonsela recommended that Zuma should pay back a reasonable portion of the R246 million spent on upgrades to Nkandla not related to security.

The National Treasury, Department of Public Works and police were to assist in determining these costs.

#NkandlaPayback: Zuma’s lawyer speaks

In his letter to the Constitutional Court, Zuma expressed his willingness to pay back the money, requesting on Tuesday that the minister of finance determine a reasonable portion of the costs.

But a part of Madonsela’s suggested remedial action was not mentioned in Zuma’s offer.

In her letter, Madonsela said she wished to “present argument on the issue concerning the nature and ambit of her powers and the legal effect of her remedial action”.

She said in a separate statement that “current law as determined in SCA judgment in DA v SABC is that PP’s remedial action stands until set aside in a judicial review”.

Remedial action, she said, must be given effect unless the Public Protector is engaged and has relaxed aspects thereof to accommodate unforeseen circumstances.

Read: DA to pursue #Nkandla case ‘on principle’

The DA on Friday morning said Zuma could not pick and choose what parts of Madonsela’s report he wanted to abide by.

James Selfe, the DA’s Correctional Services spokesman, said they rejected Zuma’s offer.

“It’s either he abides by the public protector’s report or he doesn’t. He is picking and choosing what parts he wants to abide by and that is not good enough for us. That settlement is quite bizarre and cheeky,” he said.

The EFF, who will also be battling it out against Zuma in court on Tuesday, rejected his offer.

Read: Malema targets 'Zuptas'

The Constitutional Court had given all parties concerned until 4pm on Friday to indicate if they would settle the matter out of court.

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