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Zuma, Parliament flout Constitution: Court

Xinhua, March 31, 2016 Adjust font size:

The Constitutional Court ruled on Thursday that President Jacob Zuma and Parliament flouted the Constitution by ignoring the public protector's findings into the Nkandla case.

The court also found that Zuma must repay for the upgrades at his private home in Nkandla, KwaZulu-Natal Province.

Parliament must determine the reasonable costs that Zuma must pay for the upgrades, the court ruled.

Judge Mogoeng Mogoeng said the Treasury must report back to the ConCourt within 60 days of this order.

Remedial action taken by Public Protector Thuli Madonsela against Zuma in terms of Constitution is binding, Mogoeng said.

The judge handed down the judgment before adjourning the hearing on the application brought by the opposition Democratic Alliance and the Economic Freedom Fighters.

Mandosela released the "Secure in Comfort" report in March 2014 into the final findings into the scandal, in which Zuma was accused of abusing public funding worht 246 million rand (about 16 million US dollars) in security upgrades at his Nkandla home.

Madonsela claims that Zuma's family unduly benefited from the project and asks Zuma to pay part of the money on the project, a demand rejected by Zuma then.

Parliament also dismissed Mandonsela's recommendations that Zuma repay a portion of the money spent on Nkandla.

"The resolution by the National Assembly absolving the president from compliance with the Public Protector's remedial action is inconsistent with the Constitution, is invalid, and set aside,"Mogoeng said in Thursday's ruling.

"The president failed to uphold, defend, and respect the Constitution," the judge said.

Earlier this year, Zuma offered to pay a certain amount of money. But he said the determination of the amount should be independently and impartially determined so as to achieve an end to the dispute in a manner that meets the Public Protector's recommendations and is beyond political reproach.

Zuma wants the Finance Minister and Auditor-General to determine how much he is liable to pay.

Madonsela has welcomed Zuma's willingness to comply with her remedial actions over the public money spent at Nkandla. But she said she and her legal team have to consider various issues flowing from his proposal. Enditem