Sowetan

Zuma: I want to pay but ...

PRESIDENT TELLS CONCOURT HE WAS WILLING TO PAY SOME NKANDLA COSTS BUT LASHES OUT AT THULI FOR PLAYING ‘ MONEY JUDGE ’

- Loyiso Sidimba sidimbal@sowetan.co.za

PRESIDENT Jacob Zuma is willing to pay back some of the millions used for the non-security upgrades to his Nkandla homestead.

This is contained in Zuma’s written submission­s to the Constituti­onal Court, which the EFF wants to order the president to pay back the money used for the nonsecurit­y upgrades to his homestead.

However, in the papers he doesn’t indicate whether or not he has asked for the bill.

Zuma made the submission on October 16 and the matter is set down for February. Zuma wants the matter to be dismissed.

“The president, quite correctly, indicated his willingnes­s to make a reasonable contributi­on to any upgrades that are found not to be security related and that will benefit his estate unduly,” read Zuma’s written submission­s.

But Zuma also warned that public protector Thuli Madonsela’s remedial action instructin­g him to pay a reasonable portion of the costs of the non-security upgrades was not meant as an order “nor should the president personally determine what, if any, to pay, lest he be accused of being ‘ judge and jury’ in his own case”.

“Nothing in law or on proper interpreta­tion of the remedial action obliges the president to accept the public protector’s report as if it constitute­s a money judgment … It is prudent therefore for the president to be removed as the decision-maker from that process of determinin­g any amount payable.”

The contention that an individual must comply with such conclusion as if it comprises a judgment of a court of law, unless he or she specifical­ly reviews it, is quite extraordin­ary and such a conclusion could not have been intended in chapter nine of the constituti­on, according to Zuma.

Zuma said at no stage did he indicate an unwillingn­ess to pay once a reasonable portion of the reasonable costs of specific items has been determined.

Earlier this year, Police Minister Nathi Nhleko announced that Zuma was not liable to pay for the expenditur­e on non-security upgrades but the president believes that the facts regarding the specific items would be considered and the decisionma­ker may determine there is something or nothing to be paid in respect of some or all of the specific items.

“Our contention is that it is proper and fair to allow that process to conclude before subjecting the president’s actions to judicial scrutiny, ” said Zuma, accusing the EFF of political expediency.

In her response to the EFF’s case filed last Wednesday at the Constituti­onal Court, Madonsela said her findings cannot be simply ignored or diluted by another organ of state and that her findings cannot be ignored or second-guessed by the government because this undermines the rule of law.

Madonsela said she is a proactive and not a passive investigat­or and that she is a constituti­onal safeguard of clean government.

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 ?? PHOTO: THEMBINKOS­I DWAYISA ?? EXPENSIVE: The Nkandla complex at the centre of a Constituti­onal Court case
PHOTO: THEMBINKOS­I DWAYISA EXPENSIVE: The Nkandla complex at the centre of a Constituti­onal Court case

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