Security cluster ministers challenge Nkandla report in court

Ministers in the security cluster will take the Public Protector's report on the security upgrades installed at the private residence of the President ("the Nkandla report") on judicial review by the High Court.
The Nkandla compound, paid for by the taxpayers. A number of experts have slammed the security ministers' court move as nothing more than a bid to stop the issue being discussed in Parliament. (Image: John A Forbes, via Wikimedia Commons)
The Nkandla compound, paid for by the taxpayers. A number of experts have slammed the security ministers' court move as nothing more than a bid to stop the issue being discussed in Parliament. (Image: John A Forbes, via Wikimedia Commons)

Government on Thursday said the grounds of the review will be "fully canvassed in the review papers".

"It is the ministers' view that the Public Protector's report and the investigation she conducted trespass on the separation of powers doctrine and offend against section 198(d) of the Constitution, which vests national security in Parliament and the National Executive.

"It is also the ministers' view that some of the findings and remedial action proposed by the Public Protector in her report are irrational, contradictory and are informed by material errors of law," said Government Communication and Information System (GCIS).

The ministers' legal team has been instructed to prepare and file review papers in due course.

Nkandla review bid 'legally nonsense'

According to an IOL report, "The government's plan to have Public Protector Thuli Madonsela's Nkandla report referred to court for a judicial review has been described by a constitutional law expert as "legally nonsense".

According to a Mail & Guardian report, the Court challenge to Nkandla report gets 'president off the hook'.


 
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