After reading the report recently issued by Minister Nathi Nhleko and having sought legal advice, the EFF wishes to announce its decision to bring a legal challenge against the actions of the Ministers Nathi Nhleko, Thulas Nxesi, President Jacob Zuma and the South African Cabinet in collectively and deliberately breaching the Constitution in many respects.
These parties have conspired to review, contradict and reverse the findings of the Public Protector which is an independent Chapter 9 institution.
The courts have repeatedly stated the principle that the remedial actions proposed by the Public Protector must be complied with unless a party approaches a court of law to set them aside. This cannot be done via a press conference as members of the Executive did last Thursday.
The EFF has consistently maintained that Zuma must Pay Back The Money in line with the findings and remedial actions prescribed by the Public Protector, Thuli Madonsela. For Nhleko to suggest that Zuma must pay nothing when he unduly benefited is laughable and against the law.
Nhleko’s report was nothing but a rehash of the discredited findings of the Inter-Ministerial Report released in December 2013 by Thulas Nxesi. That report was released before the Public Protector report and she had considered its findings in her report, which she severely criticized. To revive it now is just fraudulent obstinacy on the part of the Executive and an insult to the collective intelligence of South Africans.
The EFF vows to continue to raise the question of when and not whether Jacob Zuma will Pay Back The Money, whenever he appears in Parliament in the next 4 years until such time that he complies with the law. This will include State of the Nation adresses, debates, Budget Vote addresses, Question sessions and all other appearances.
Our forthcoming court action will only form one part of a comprehensive programme to get back the money stolen from our people to benefit Jacob Zuma and his cronies. Itt will also include mass action.
ISSUED BY THE ECONOMIC FREEDOM FIGHTERS