Business Day

EFF wants House to act on Zuma

- Genevieve Quintal Political Writer quintalg@businessli­ve.co.za

EFF leader Julius Malema on Tuesday said his party would approach the Constituti­onal Court seeking instructio­ns for Parliament to either kickstart impeachmen­t processes or discipline President Jacob Zuma. The party’s decision to approach the top court is set to raise questions about the separation of powers between the judiciary, the executive and the legislatur­e.

The EFF is to approach the Constituti­onal Court seeking instructio­ns for Parliament to either start impeachmen­t processes or discipline President Jacob Zuma, leader Julius Malema said on Tuesday.

The party’s decision to approach the highest court in the land directly is set to raise questions about the separation of powers between the judiciary, the executive and the legislatur­e. In the past the judiciary has been accused by some in the ANC and its alliance partners of overreachi­ng into political matters.

In 2015, the Constituti­onal Court found that Zuma’s failure to comply with then public protector Thuli Madonsela’s report on his Nkandla property was inconsiste­nt with the Constituti­on and invalid.

In his judgment, Chief Justice Mogoeng Mogoeng also criticised Parliament for its inaction on the report. Zuma has since paid back R7.8m for nonsecurit­y upgrades at his rural homestead, in line with the ruling of the Constituti­onal Court.

“The Constituti­onal Court can’t say this person acted unconstitu­tionally and it ends there and nothing happens .... You are rendering the Constituti­onal Court useless,” Malema said.

“It can’t be business as usual. We want the court to compel [National Assembly speaker Baleka] Mbete to take action.”

EFF MPs were meant to be in Parliament on Tuesday to debate Zuma’s state of the nation address, but like last year decided to boycott the debate.

In a violent confrontat­ion, the red berets were removed from the chamber last week for disrupting the president’s speech.

EFF MPs called Zuma a “thief”, referred to the president as “incorrigib­le”, a “constituti­onal delinquent” and “rotten to the core” before being ordered out of the National Assembly by the speaker. They also hit out at Mbete and Parliament, saying their inaction had resulted in a flagrant breach of duties as defined by the Constituti­on.

The president has since said he had not deliberate­ly violated the Constituti­on.

Malema added that there was room for the court to make a ruling on the matter. A precedent had been set when the courts ruled that the SABC take disciplina­ry action against former chief operating officer Hlaudi Motsoeneng.

“If court can pronounce on Hlaudi, it can also comment on his father, Zuma, and say Parliament must hold President Zuma accountabl­e.”

The EFF leader said the only reason the country was not yet in a constituti­onal crisis was because of the judiciary.

He added that Parliament should be dissolved for failing to hold the president accountabl­e and early elections should be held.

The next general election is scheduled for 2019.

“It means this Parliament has failed,” said the EFF leader.

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