EFF files papers, says JZ cannot con constitution

14 August 2015 - 02:05 By Ernest Mabuza

The Economic Freedom Fighters party has filed papers in the Constitutional Court arguing that President Jacob Zuma has violated the constitution by disregarding the public protector's finding that he is financially liable for some of the upgrades to his home in Nkandla. The EFF has further called on the court to find that the National Assembly neglected its constitutional obligation to ensure that all executive organs of state are held accountable.The EFF wants Zuma to comply with Public Protector Thuli Madonsela's recommendation that he pay for those upgrades that could not sensibly be deemed security features - such as the swimming pool, the visitors' centre, the cattle kraal and the chicken run.The Presidency and National Assembly Speaker Baleka Mbete have until Friday next week - 10 court days after the application was filed on Thursday last week - to respond. But it has yet to be seen if the Constitutional Court will adopt the case.Bongumusa Sibiya, an associate at Bowman Gilfillan Africa Group, said: "Applications for direct access to the Constitutional Court are not easily granted, because that court is generally reluctant to sit as a court of first and final instance."If a matter can be heard by another court, absent any jurisdictional and/or other compelling factors, an application for direct access to the Constitutional Court is likely to be unsuccessful."The EFF is relying on Section 167(4)(e) of the constitution, which states that only the Constitutional Court can rule on whether parliament or the president has failed to fulfil a constitutional obligation.EFF deputy president and chief whip Floyd Shivambu said: "[Zuma] has failed to protect and promote the independence of the public protector, despite being under a constitutional duty to do so."He said the National Assembly was constitutionally obliged to protect the public protector but had sought to impugn her findings.When EFF leader Julius Malema asked Zuma when he would pay back the money, the president replied: "I believe the question is premature as matters have not yet been concluded by this very House. I will respond further to the debate around this matter once all processes have been concluded."Malema countered: "The only report which is legitimate and legal is Thuli Madonsela's report."..

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