Nkandla ad-hoc report moves to National Assembly for adoption

The Democratic Alliance has warned it will go to court if Parliament adopts the report.

FILE: A group of about 30 journalists has been taken on a guided tour through President Jacob Zuma's Nkandla homestead on 26 July 2015. Picture: Vumani Mkhize/EWN.

CAPE TOWN - The Democratic Alliance (DA) has warned it will take the National Assembly Speaker Baleka Mbete and President Jacob Zuma to court if Parliament adopts a report today exonerating him of any financial liability for the Nkandla upgrades.

Earlier this month, the ANC used its majority on a parliamentary ad-hoc committee to give the Police Minister Nathi Nhleko's report on the spending debacle its stamp of approval.

The minister, unlike the Public Protector Thuli Madonsela, found Zuma didn't owe a cent for the upgrade s to his private home.

In her report released last year, Madonsela found Zuma had benefited unduly from the non-security features that formed part of the R246 million project to upgrade his homestead in rural KwaZulu-Natal.

The ad-hoc committee's report will be put to the National Assembly for adoption this afternoon.

The DA Member of Parliament (MP), James Selfe, said if his party fails to convince MPs to reject the report, they will pursue legal action.

"At issue here is whether or not it is lawful and constitutional to substitute one finding or remedial action with another are arbitrarily, that's the issue in law. That didn't happen in the SABC case but it has happened in this case."


The ANC's Moloto Mothapo said once adopted, the report's recommendations must be implemented.

"And therefore it will be unfair for president to be responsible for the payment of such poor infrastructure."

Earlier this month, the Economic Freedom Fighters (EFF) announced it was taking the president to the constitutional court to force him to comply with the Public Protector's remedial action.

But the party would first have to convince the court to hear its application.


Another DA MP, Glynnis Breytenbach, said the EFF's constitutional court bid to force Zuma to comply with the Public Protector's remedial action is likely to be rejected

"They don't have the right of direct access and there is already a similar process, an identical process underway in in the Supreme Court of Appeal. It's extremely unlikely, in fact I'd be extra ordinarily surprised if the constitutional court even entertained their application."

The EFF refused to take part in the committee's deliberations.

The African Christian Democratic Party (ACDP)'s Steve Swart explains why other opposition parties were involved.

"We're taking legal advice about our involvement and it was very necessary for us to state upfront that we're not giving legitimacy but it is part of the process that we've to engage in."

Mothapo said opposition parties are not allowed to substitute one report with another.

"They participated in the entire ad-hoc committee process in bad faith."

The DA said its lawyers have been instructed to mount a legal challenge against the Speaker and the President if its motion fails.