Quote of the week

Now you cannot understand anything about fascist doctrine if you do not understand that their central claim was that liberalism is antidemocratic; in other words, the fascists claimed that liberal institutions cannot represent the will of the people. They further claimed that their typical institutions, particularly the party, were more effective means to represent the will of the people. So fascists were “authoritarian democrats.”

Dylan Riley
Jacobin
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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