The National Assembly voted on and adopted Minister of Police Nathi Nhleko’s Nkandla Report on Tuesday 18 August and the African National Congress used its majority strength to beat opposition votes. According to reports, 198 members of Parliament (MPs) voted in favour of adopting the report, while 93 MPs voted against it.
Opposition parties to the African National Congress (ANC) were against the adoption of the report. The Economic Freedom Fighters (EFF) attempted to have the vote postponed as they have brought the matter before the Constitutional Court. However, speaker Baleka Mbete informed them that sub judice does not apply and the vote would go ahead.
Following this and the EFF’s failed attempts to put the matter on record in the National Assembly, the EFF walked out of Parliament.
Mabine Seabe, spokesperson to the Leader of the Democratic Alliance (DA) told Justmoney: “The adoption of the Police Minister’s irrational and unconstitutional report is another attempt by the ANC to absolve President Jacob Zuma of accountability. This is despite the DA appealing to the ANC to vote on conscience, and respect the Constitution of the Republic of South Africa.”
On 19 August the DA filed papers in the Western Cape High Court “to have the Police Ministers report declared unconstitutional and irrational, as it attempts to substitute the Public Protector’s remedial action steps with that of the Police Minister’s,” revealed Seabe.
Going to court
“There are two court processes which the DA is engaged [in]. We are currently before the Supreme Court of Appeal (SCA) to get a legal finding on the enforceability of the Public Protector’s remedial actions. This matter will be heard on September 18 this year. Second are the papers which will be filed at the Western Cape High Court, which will find on the legality of the Police Minister’s report,” revealed Seabe.
“We are hoping that these matters are finalised as soon as possible, so that justice is served and the President pays back a reasonable percentage of the costs.
“We are of the view that the Police Minister’s report will be found to be irrational and without legal standing, therefore the Public Protector’s report will stand, forcing the President to comply with it,” added Seabe.
Will more money be spent?
The police minister’s report revealed that the upgrades to the President’s private Nkandla residence were incomplete, and additional funds are needed to complete them.
In contradiction to the Public Protector’s report, which found that the President and his family unduly benefitted from the upgrades and that a portion of the funds should be repaid, the police minister’s report stated that the upgrades were necessary, yet incomplete, and that more money would need to be spent in order to finish the necessary security upgrades.
According to Seabe, “The Ministers of Police and Public Works have indicated that [more money will be spent to complete the upgrades]. The DA will oppose any more being spent – even if it’s R1 – on the private residence of the President.”
The EFF has continued to demand that the President “pay back the money.”
According to Seabe, the DA believes that “the only outcome that will bring this matter to rest, is when the President does as mandated by the Public Protector, which is for the President to pay a reasonable percentage of the costs.”