Nkandla showdown continues as EFF march to ConCourt

The DA & EFF have argued President Jacob Zuma defied the Public Protector's orders on his KZN homestead.

EFF leader Julius Malema walks ahead of party members as they march on the Constitutional Court on Tuesday 9 February 2016. Picture: Vumani Mkhize/EWN.

JOHANNESBURG - The Democratic Alliance (DA) and Economic Freedom Fighters (EFF) have both argued that President Jacob Zuma defied the Public Protector's orders and have raised questions about why the National Assembly didn't hold him to account.

Advocate Wim Trengove, who is representing the EFF, kicked off arguments this morning at the highest court in the land, followed by the DA's representative, Anton Katz.

Both parties are expected to tell the court that Zuma must pay back the money spent on upgrades at Nkandla and that he broke the law by disregarding the Public Protector's remedial action.

Trengove says any attempt to second guess or circumvent the Public Protector is unlawful and the police minister's report should be ignored.

"He was not allowed to second guess or sit in judgment of the Public Protector and he's not allowed to mandate the minister of police to sit in judgement of the Public Protector. Their constitutional duty was to obey the Public Protector or to take her to court."

#Nkandla Wim Trengove arguing on behalf of EFF. GN pic.twitter.com/rTubngZQjn

Katz says the case comes down to whether the Public Protector's findings are enforceable.

"The real issue is… is her remedial action enforceable until or unless set aside on review? And we argue, yes. It has legal effect and that party subject to that remedial action has a duty to comply."

He adds there was defiance by state respondents.

"That on the facts of this case, there was defiance by the state respondents, the president, the National Assembly and the police. We have not found any suggestion by the government respondents that the Public Protector has exceeded her powers or that she acted corruptly."

Katz says all parties want finality on this matter, and the president's letter last week saying he'll pay back the money suggests there's a need for finality.

Trengove suggests there may have been a genuine belief that the Public Protectors orders aren't binding.

WATCH: EFF rejects Zuma's plan to #PayBackTheMoney


Meanwhile, DA, Congress of the People (Cope) and EFF supporters have gathered outside court with some chanting 'Zuma must fall'.

#Nkandla COPE &DA supporters singing struggle songs alongside one another outside the Constitutional Court. MK pic.twitter.com/gQZNQP1Xk2

#Nkandla DA supporters chanting 'ZUMA and Guptas must fall'. MK pic.twitter.com/2dM3TWmiMB

#Nkandla One of the placards being held up by #DA supporters. RDT pic.twitter.com/ZqH2rMZ0zu


Opposition parties say it's not enough for Zuma to pay back a portion of the money used at his private home and he should also disclose where he will get the money.

Although Cope is not part of the court case, spokesperson Dennis Bloem says they're there in support of the Constitution and the Public Protector.

He says Zuma must disclose where he will get the money to pay for unduly benefiting from security upgrades at his home.

DA national spokesperson Refiloe Ntsekhe agrees that Zuma must disclose where he will get the money from.

"The president is saying, yes I am now going to pay. What is he paying? Where the police minister's report is saying he's not responsible?"


EFF leader Julius Malema earlier addressed the thousands of marchers at Mary Fitzgerald Square, saying two matters are the pinnacle of today's demonstration.

#NKandla EFF leadership have just arrived here at the Mary Fitzgerald Square . ZN pic.twitter.com/wYUvYIBpgZ

The first and most obvious is the Nkandla saga, but the commander in chief says today is also about addressing what he's described as the 'thuggery of the Guptas'.

He says the EFF was the first party to make calls for the president to pay back the money, but now it seems the DA is trying to claim victory as the matter is being heard in the Constitutional Court.

He says, "We have said that the president will have his day in court and many people never believed us. But today everybody wants to pretend as though they've always agreed with us."

Malema has reiterated that he believes the Guptas are criminals who are milking the country, and they must go.

WATCH: Malema: Guptas must leave SA

Demonstrators have now started their march on the Constitutional Court through the streets of Johannesburg.

#Nkandla Led by Julius Malema, thousands of EFF supporters are now less than a km from con court. VM pic.twitter.com/AhcEow2K5j

The #EFF has arrived at the #ConCourt in Johannesburg

A video posted by Eyewitness News (@ewnupdates) on

To read the Public Protector's full report on spending at Nkandla, click here.

To read the letter from the Constitutional Court, click here.