Thuli's bombshell

Public protector Thuli Madonsela has laid down the law to President Jacob Zuma, sending him a bombshell letter that gives him two weeks to tell her why he should not pay back a portion of the R246-million lavished on his Nkandla home.

Her scathing seven-page letter, in which she takes strong issue with Zuma's reaction to her report earlier this year, is likely to send shock waves all the way to the Union Buildings. It is a clear challenge to Zuma to fall into line and will test South Africa's constitutional system.

It comes in a week of high political drama in which parliament was disrupted by Julius Malema's Economic Freedom Fighters after Zuma pointedly refused to answer questions about the Nkandla upgrades in the National Assembly.

In a letter sent to Zuma on Thursday, Madonsela also accuses the president of failing to tell parliament when he plans to pay back the money.

This comes amid claims from Zuma's office that it had already responded to all reports on the Nkandla scandal.

In her letter, Madonsela says Zuma has in fact not responded to her report.

She also points out hers was the only report that found Zuma and his "immediate family improperly benefited from some measures implemented at your private residence by the Department of Public Works".

In her report, "Secure in Comfort", Madonsela said Zuma had to repay the cost of items not related to security, including a family visitors' centre, a chicken run, swimming pool and kraal.

"I could find no indication in your report that you were responding to the contents of my report, commenting on it and were reporting to the National Assembly on the action that you have taken or are taking to implement the remedial action," reads the letter.

Madonsela also accuses Zuma of being guilty of an attack on the constitution and the rule of law by granting Police Minister Nkosinathi Nhleko the power to review her findings.

In a report to parliament on Tuesday, Zuma said Nhleko had to decide "whether the president is liable for any contribution in respect of the security upgrades" at his private home in Nkandla, KwaZulu-Natal.

In her letter to Zuma, Madonsela says she finds his reasoning "difficult to understand".

"In terms of your report, Mr President, the minister of police now has to conduct another investigation into your liability for some of the costs incurred by the state at your private residence and it will then be for the cabinet to deal with the matter," she writes.

This gives Nhleko "power he does not have under the law ... to usurp the review powers of the courts", she writes.

The public protector has powers in terms of section 182 of the constitution and subject only to the constitution and the law.

"Reports of the public protector are by law not subject to any review or second-guessing by a minister and/or the cabinet. The findings made and remedial action taken by the public protector can only be judicially reviewed and set aside by a court of law."

She reminds Zuma of his duty to "uphold, defend and respect the constitution as the supreme law of the republic".

Zuma's decision to grant Nhleko the power to review her findings "would not augur well for expectations that the rule of law is being upheld at all levels, including at your level as the pinnacle of government".

"It may also encourage impunity at various levels of the state."

Presidency spokesman Mac Maharaj said last night: "We have received the letter from Ms Madonsela and it is being attended to."

Madonsela's bombshell letter came as EFF MPs disrupted parliament this week, demanding he repay the money spent on non-security upgrades.

Chaos erupted after Zuma again ducked a question from Malema, the EFF's leader, who demanded to know when the president planned to reimburse taxpayers "as instructed" by Madonsela.

Speaker Baleka Mbete summoned security to remove the EFF MPs after they ignored her order to leave the house.

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