Cape Town - The public protector's report into upgrades at President Jacob Zuma's Nkandla homestead requires consideration in the National Assembly, the Council for the Advancement of the South African Constitution (Casac) said on Monday.
“The public protector is appointed under the Constitution to strengthen constitutional democracy by probing improper conduct and maladministration in state affairs. In her report on the upgrades at the president's private residence at Nkandla she has found that the president has violated the Constitution,” Casac said in a statement.
“Casac believes that under these circumstances, it is necessary to consider whether the violation is of such a serious nature to require invoking the provisions of section 89 (1) of the Constitution.”
Section 89 (1) states that the National Assembly can by a resolution supported by a two thirds majority remove the president if he violates the Constitution, is guilty of serious misconduct or is unable to perform his or her duties.
Public Protector Thuli Madonsela's finding that Zuma violated sections of the Constitution dealing with the executive ethics code and a conflict of interest also merits discussion in the National Assembly.
“The public protector has found that the president violated both constitutional duties. First, by wearing 'two hats' as guardian of the country's resources and as a direct personal beneficiary of improper privileges, he violated the duty to avoid placing his personal interests in conflict with those of the state,” Casac executive secretary Lawson Naidoo said.
“Second, by failing to cause an investigation as soon as he became aware of the expenditure into his home, he acted in a manner inconsistent with the duty to protect public funds.”