Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
7 August 2015

EFF Notice of Motion to Con Court on Nkandla

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

 In the matter between:

THE ECONOMIC FREEDOM FIGHTERS                                                           Applicant//

and

THE SPEAKER OF THE NATIONAL ASSEMBLY

REPUBLIC OF SOUTH AFRICA                                                            First Respondent

PRESIDENT JACOB GEDLEYIHLEKISA ZUMA                         Second Respondent

NOTICE OF MOTION

TAKE NOTICE that in terms of the provisions of sections 167(4)(e), 167(6)(a) of the Constitution and rule 18 of the rules of the Constitutional Court, the applicant makes application to this Court for final relief in the following terms:

  • It is declared that the National Assembly has failed to fulfil its obligations in accordance with the provisions of sections 55(2) and 181 of the Constitution to ensure that all executive organs of state in the national sphere of government are accountable to it and to maintain oversight of the exercise of National Executive authority in that it has failed to ensure that the President of the Republic of South Africa, Mr J G Zuma (President Zuma), has complied with and given effect to the findings and remedial action ofthe Public Protector in her report dated March 2014, under the heading: “Secure in Comfort: Report on an investigation into allegations of impropriety and unethical conduct relating to the installation and implementation of security measures by the Department of Public Works at and in respect of the private residence of President Zuma at Nkandla in the Kwa-Zulu Natal province”.(This is hereafter referred as the Public Protector Report).
  • It is declared that President Zuma in his capacity as Head of the National Executivehas failed to fulfil his constitutional obligations in that he has failed to implement the findings and remedial action in the Public Protector report.
  • President Zuma is directed to give effect and to comply with the remedial action contained in the Public Protector Report, within 30 days of the order of this Court.
  • Directing that costs be paid by any person opposing the application.
  • Granting further and/or alternative relief.

TAKE NOTICE THAT the founding affidavit of Mr Floyd Nyiko Shivambu annexed hereto and its annexures shall be used in support of this application.

TAKE NOTICE FURTHER that the Chief Justice is requested to issue directions concerning the manner in which this application shall be dealt with.

DATED AT JOHANNESBURG ON THIS THE 4th DAY OF AUGUST 2015.

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