Quote of the week

Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation.  This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
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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