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Wed Sep 28 10:33:15 CAT 2016

Madonsela: Remedial actions remain binding

Wim Pretorius | 04 February, 2016 20:10
According to Madonsela the current law stated that the Public Protector's remedial action stands until set aside in a judicial review process. File photo
Image by: Thulani Mbele

The Public Protector Thuli Madonsela responded to President Jacob Zuma's proposal on Thursday saying that the remedial action taken in her report should remain binding for now.

"Her standpoint remains that the remedial action taken in her report must be given effect in full unless she has been fully engaged and has relaxed aspects thereof to accommodate changed or unforeseen circumstances," the statement said. This after Madonsela met with her legal team on Wednesday to discuss Zuma's surprise proposal regarding paying back public money spent on his private residence in Nkandla.

The EFF and DA were due to argue in the Constitutional Court next Tuesday that Zuma needed to comply with Madonsela's recommendations and repay a reasonable part of the R246 million spent on renovations at his Nkandla homestead. Madonsela joined the court action as a friend of the court.

In his proposal to settle the matter, Zuma suggested that the Auditor-General and the Finance Minister determine how much he owes for non-security upgrades to his private home.

President Zuma said if the court were to accept his proposal, there would be no need for Tuesday's hearing to seek clarity on the powers of the Public Protector.

According to Madonsela the current law stated that the Public Protector's remedial action stands until set aside in a judicial review process.

This law was determined during the Supreme Court of Appeal judgment in the case between DA and others vs SABC and others regarding Hlaudi Motsoeneng being appointed as Chief Operations Officer in 2014. He was appointed despite Madonsela's remedial recommendation that he be suspended pending a disciplinary inquiry.

The outcome of that case was that remedial action by the Public Protector does indeed have a legal effect.

Source News 24

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