The Herald (South Africa)

Full probe into Nkandla needed, Concourt told

- Katharine Child

IN a scathing indictment on the effectiven­ess of parliament­ary questions‚ UDM advocate Dali Mpofu argued before the Constituti­onal Court that a parliament­ary inquiry was needed into the Nkandla matter.

Mpofu argued that the 27 question-andanswer sessions with President Jacob Zuma on Nkandla had not yielded genuine answers from him.

The EFF‚ the UDM‚ COPE and the DA are asking the Constituti­onal Court to force parliament to start impeachmen­t proceeding­s and set up a committee to grill Zuma on whether he had misled parliament on Nkandla.

Chief Justice Mogoeng Mogoeng wanted to know whether after 27 question-and-answer sessions‚ an official parliament­ary inquiry was still needed into Zuma’s violations when using state money to renovate his private Nkandla home.

“You believe the truth will be told this time around?” he asked.

Mpofu said: “What happens in a Q&A is the direct opposite of what the constituti­on describes as ‘scrutinise’.

“There is no opportunit­y to scrutinise. Those [Q&A] sessions are in this respect deficient.”

If the EFF and other parties are successful in their court applicatio­n‚ a subcommitt­ee of members of various political parties would be set up to question Zuma under oath on Nkandla and perhaps organise an impeachmen­t vote.

Both EFF advocate Tembeka Ngcukaitob­i and UDM advocate Mpofu presented their cases to the court for a full two hours‚ longer than the usual one hour each.

Constituti­onal Court Judge Leona Theron appeared to nod off during the case, much to Twitter users’ fury.

But questions from Mogoeng‚ Deputy Chief Justice Raymond Zondo and Judge Jody Kollapen were unrelentin­g.

They grilled both advocates about why the court needed to get involved in parliament­ary processes‚ due to the separation of powers doctrine in South African law.

They wanted to know from Mpofu why a fact-finding inquiry was needed to investigat­e Zuma’s offences after the Constituti­onal Court’s Nkandla judgment and the public protector’s extensive report revealed the details.

Mpofu suggested that the inquiry was a way to get Zuma to answer questions about Nkandla under oath as the beginning of an impeachmen­t process‚ rather than a new investigat­ion into the facts of Nkandla spending.

He argued that an inquiry would give a fair trial for Zuma before an impeachmen­t vote.

He said Speaker Baleka Mbete should have set up a parliament­ary inquiry into Zuma’s violations of the constituti­on in her role as leader of parliament.

“The speaker is not a mere class monitor of the National Assembly. She plays a role of crucial importance.”

The judges wanted to know whether all the processes of parliament to hold Zuma to account had been used‚ before the court was asked to involve itself in parliament­ary matters.

The speaker is not a mere class monitor of the National Assembly

 ?? Picture: ALAISTER RUSSELL ?? HEADS OF ARGUMENT: Advocates Dali Mpofu, left, and Tembeka Ngcukaitob­i outside the Constituti­onal Court in Johannesbu­rg during a break yesterday
Picture: ALAISTER RUSSELL HEADS OF ARGUMENT: Advocates Dali Mpofu, left, and Tembeka Ngcukaitob­i outside the Constituti­onal Court in Johannesbu­rg during a break yesterday

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