Mbasa Gqokoma
31 March 2016
Today, Chief Justice Mogoeng
Mogoeng ruled that the Public Protector’s report and findings on the Nkandla
saga, is indeed binding.
Chief Justice Mogoeng Mogoeng
said “The remedial action taken by the
Public Protector against President Jacob Gedleyihlekisa Zuma in terms of
section 182 1C of the constitution is binding.”
Mogoeng Mogoeng further stated
that “The President must personally pay
the amount determined by the National Treasury within 45 days of this courts
signification of its approval of the report.”
He said that the President’s
failure to comply with the Public Protector’s remedial action, and the failure
of the National Assembly to hold the executive accountable has jeopardised the
state.
“Consistent
with this constitutional injunction an order will thus been made that the
president’s failure to comply with the remedial action taken against him by the
Public Protector is inconsistent with his obligation to uphold, defend, respect
the constitution as the supreme law of the republic to comply with the remedial
action taken by the Public Protector and the duty to assist and protect the
Office of the Public Protector, so as to ensure its independence impartiality,
dignity and effectiveness.” He concluded.
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