Johannesburg - The ANC on Thursday termed the Constitutional Court’s ruling against President Jacob Zuma in the Nkandla case “serious” in nature and said it respected the unanimous judgment.
The party also welcomed the clarity the court gave on the binding nature of the powers of the Public Protector, the watchdog that found Zuma had derived undue benefit from state-funded improvements to his private home in rural KwaZulu-Natal.
“The African National Congress has noted and respects the unanimous judgement delivered by the Constitutional Court today in the matter relating to compliance with remedial action set out in a report of the Public Protector,” ANC spokesman Zizi Kodwa said after the court delivered its unanimous ruling.
“The Constitutional Court is and remains the guardian of the Constitution of the Republic and the final arbiter on matters before it, hence the ANC welcomes the clarity provided by the Court on the binding nature of the powers of the Public Protector.
“The ANC once again reaffirms our full confidence in the judiciary and the upholding rule of law in South Africa. Given the serious nature of the judgement delivered, the African National Congress will study it in detail and comment further in due course.”
The Constitutional Court ruled on Thursday that Zuma breached the constitution when he failed to heed Public Protector Thuli Madonsela’s report on non security improvements to his private residence, and should reimburse the state an amount to be determined by National Treasury.
In a unanimous judgment read out by Chief Justice Mogoeng Mogoeng, the court instructed the National Treasury to determine an amount to be paid by Zuma within 60 days for “luxuries” added to his Nkandla home and gave the president 45 days to then personally pay that amount.
“The Treasury is instructed to determine the reasonable costs that are the visitor’s centre, the cattle kraal, amphitheatre and the chicken run and the swimming pool which ought to be paid personally by the president,” said Mogoeng.
Mogoeng said the Public Protector’s directives were binding and Zuma had failed to uphold the constitution by respecting and protecting the chapter nine institution.
The National Assembly had equally breached the constitution when it sought to absolve the president from his duty to comply with the remedial action Madonsela ordered in her report on the R216 million Nkandla project.
“Remedial action taken by the Public Protector against President Jacob Zuma is binding, the failure by the president to comply with remedial action taken against him by the Public Protector is inconsistent with Section 83 of the constitution,” he said.
The Democratic Alliance (DA), one of the two parties that took the matter to the highest court in the land, announced immediately after the ruling that it would launch a process to impeach Zuma in terms of Section 89(1) of the constitution.
“Today’s ruling is clear in this regard. President Jacob Zuma’s action amounts to a serious violation of the constitution, and constitutes grounds for impeachment,” said DA leader Mmusi Maimane.
Speaking to reporters outside the court, Maimane said: “If I were him I would be drafting a resignation letter”.
He added: “As we always maintained the president acted outside the prescripts of the law. Now is not the time for MPs to fail the nation again. It is time for them to act now and remove Zuma from office.”
United Democratic Movement leader Bantu Holomisa said the ruling was a victory for democracy and called on the ruling ANC to remove Zuma from office.
“All that is left for President Jacob Zuma is to pack his bags and go because he has been given a red card,” said Holomisa.
Cope leader Mosiuoa Lekota said: “This judgement is a relief … it has saved our democracy. It has made it clear that it does not matter how much of a majority you have, because that majority is useless if it does not stand for the interests of the people of this country”.
African News Agency