Court rules S.Africa’s president violated Constitution

By Hassan Isilow

JOHANNESBURG

South Africa’s Constitutional Court ruled Thursday that President Jacob Zuma had violated the country’s Constitution by refusing to repay back some of the millions of public money he used to upgrade his personal home.

Chief Justice Mogoeng Mogoeng said the president had failed to uphold the Constitution when he refused to comply with the anti-corruption watchdog Public Protector’s recommendation that he pay back some of the money.

“No binding and constitutionally or statutory liaison’s decision may be disregarded,” Mogoeng said.

The chief judge said the ruling was unanimous among all the Constitutional Court judges.

In a 2014 report, the watchdog accused Zuma of misusing public money for upgrading his country home in Nkandla village, KwaZulu Natal.

Security upgrades on Zuma’s home were supposed to have cost the state $2.5 million but other additions such as a cattle enclosure, amphitheater, and swimming pool saw the cost skyrocket to some $23 million.

The watchdog ordered the president to repay some of the money used for non-security upgrades on the property, but he was adamant he had done nothing wrong.

Police Minister Nathi Nhleko then quickly instituted an investigation into the matter and absolved the president of any wrongdoing.

The National Assembly also followed suit and dismissed the watchdog’s recommendation, absolving the president.

‘‘The president failed to uphold, defend, and respect the Constitution,’’ Justice Mogoeng ruled.

He said it was only a court of law that has powers to set aside the watchdog’s recommendations, not parliament or ministerial investigations.

He ordered the National Treasury to determine a reasonable amount that the president should repay for the upgrades to his private home.

Mogoeng also ordered the president to reprimand ministers who were involved in the Nkandla scandal.

The Economic Freedom Fighters Party (EFF), which dragged Zuma to constitutional court, welcomed the ruling and called on him to resign.

“The Constitution of South Africa has been upheld today. If I were Zuma, I should have been drafting my resignation,” Mmusi Maimane, leader of the main opposition Democratic Alliance, told reporters outside the Constitutional Court.

He said following the court ruling that his party has officially begun the process to impeach Zuma.