Top court agrees to hear Nkandla matter

The EFF has been given the go-ahead to take its argument that President Jacob Zuma has undermined the Constitution in connection with the Nkandla matter to the Constitutional Court, notes Legalbrief. Chief Justice Mogoeng Mogoeng set 9 February next year as the date on which it will hear the EFF case. A City Press report notes the EFF filed its application last month in an attempt to force Zuma to pay part of the cost of the security upgrades at Nkandla, as the Public Protector recommended after her investigation into the matter. The EFF was taking both Zuma and Parliament to court because, it says, both failed in their constitutional duties. It says the President is obliged to uphold, protect and respect the Constitution. By undermining the Public Protector as a constitutional institution, he had failed in his constitutional duty, the EFF told the court in an affidavit. Because the National Assembly had failed to see to it that Zuma carried out the Public Protector’s remedial action, it had failed in its constitutional duty to hold the executive accountable. The EFF is seeking an order forcing Zuma to carry out the Public Protector’s recommendations within 30 days.