‘My findings must be enforced’

Thuli Madonsela says the Constitution is clear that she has the power to take remedial action.

Public Protector Thuli Madonsela. Picture: Kgothaso Mogale/EWN.

JOHANNESBURG - Public Protector Thuli Madonsela says she's taking the risk of being painted as supporting the Economic Freedom Fighters (EFF) in their Constitutional Court case over Nkandla because her powers should not be defined without her being represented.

Yesterday she lodged papers asking judges to be allowed to participate in the EFF case.

The party has asked the Constitutional Court to order President Jacob Zuma to comply with her instruction that he pay back some of the money spent on his Nkandla home.

Madonsela says the Constitution is clear that she has the power to take remedial action.

"I've heard all those stories and our Constitution is very clear… you can never be superior to a judge."

She also says she disagrees with those who claim that gives her more power than a judge

The case will only be heard next year.

MADONSELA INSISTS THE CONSTITUTION SAYS HER FINDINGS MUST BE ENFORCED

The public protector says it's clear in 'black and white' that the Constitution says her findings must be enforced.

Madonsela says the Constitution is very clear as to what powers she has.

"Our Constitution section 182 says you have the power to investigate, report and take appropriate remedial action, we do have a third power and there is no contest about that."

And she says her office is no different to other institutions.

"We are a Chapter 9 institution like the IEC and the decisions we make are subject to the law and the Constitution only."

She said she has to get involved in this case because her powers should not be decided without her being given a chance to argue.