Madonsela wants end to doubt on her powers

07 October 2015 - 02:03 By Sipho Masombuka

The Constitutional Court is to be asked to clarify whether the public protector's findings in respect of remedial action are binding. The court admitted Thuli Madonsela as a third respondent in the Economic Freedom Fighters' bid to force President Jacob Zuma to pay back some of the R246-million of public money spent on his private Nkandla home.Madonsela has asked the court to rule on the extent of her powers.She said the court's ruling in the EFF case would profoundly affect how her office exercised its power, which had been "severely compromised" by a recent high court ruling.Western Cape High Court judge Ashton Schippers ruled on October 24 last year that the public protector's findings and recommendations were not binding or enforceable.He said a definitive ruling on the public protector's powers was needed.Shadrack Gutto, a constitutional law expert at the University of South Africa, said the Constitutional Court's decision would be important because only it could put to rest contention about the extent of Madonsela's powers. In his view, Schippers' interpretation of the constitution as it related to Madonsela's powers was wrong."The public protector has the power to [prescribe] appropriate remedial action, which means the remedial action has to be complied with, otherwise the person not complying has to apply to a court to indicate why that has not been done. The public protector is trying to clarify that point."In her Nkandla report, Madonsela recommended that Zuma repay some of the money spent on upgrades to his home not related to security.The EFF welcomed her decision to join the litigation, saying the powers of her office had been ridiculed and challenged by many in the government, including Zuma.Madonsela has until the end of the month to file her court papers.The case is expected to be heard in February...

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