Nkandla findings could be taken to court

Thuli Madonsela says her findings on Nkandla can be taken to court is parties are unhappy.

Public Protector Thuli Madonsela says her findings on Nkandla can be taken to court is parties are unhappy. Picture: Aletta Gardner/EWN

JOHANNESBURG - Public Protector Thuli Madonsela says her Nkandla findings could be taken to court, where a judge would review her decision, if parties are unhappy.

Madonsela found that President Jacob Zuma improperly benefited from the near R250 million security upgrades at his KwaZulu-Natal home and has to pay back a portion of the money spent.

The president has said that he never asked for the upgrades and therefore will not pay for them.

The Public Protector says if the complainants who asked her to investigate the upgrades are not satisfied; the matter could be taken on review in court.

"As the court reviews this matter, it will then review my decision as well and look at how reasonable I was in arriving at the findings that I made, in arriving at the decision that he [Zuma] should pay and whether it is irrational to ask him to pay."

NKANDLA SMS

Meanwhile the Democratic Alliance (DA) says with a court victory in the Nkandla SMS case, it will continue its campaign, which accuses the president of stealing.

On Friday the High Court in Johannesburg dismissed, with costs, the African National Congress (ANC)'s urgent application to force the DA to apologise for the message.

Acting Judge Mike Hellens found that the SMS may be extreme but it does constitute fair comment, given the findings of the Public Protector's Nkandla report.

While the DA's Mmusi Maimane says the judgment is a massive victory, the ANC says it will consider an appeal and believes the judge applied the wrong law to settle the dispute.

Judge Hellens analysed Madonsela's report and found that its findings justify the use of the word "stole" in the DA's SMS.

To read the court's full judgment, click here.