Constitutional Court to rule on EFF and other parties’ ‘Zuma impeachment’ case
Opposition parties are asking the court to compel Parliament to act against the president over the Nkandla scandal
The Constitutional Court will deliver judgment on Friday in opposition parties’ so-called impeachment case against President Jacob Zuma, in which the parties have asked the court for an order to compel Parliament to take action against him.
The EFF, United Democratic Movement and the Congress of the People (COPE) brought the application, in which the opposition parties have asked for an order compelling Parliament to order an investigation into Zuma’s conduct over the Nkandla matter, with a view to determining whether his conduct warranted an impeachment.
The DA was admitted as an intervening party, while Corruption Watch was admitted as amicus curiae.
It will be the third judgment in December that could have massive implications for the president, after he was stripped of his power to appoint a national director of public prosecutions by the High Court in Pretoria, as well as in deciding who the judge will be that will head a judicial commission of inquiry into state capture.
The case was heard by the court in September this year.
EFF spokesman Mbuyiseni Ndlozi confirmed to Business Day on Thursday that judgment will be delivered and that the EFF will be present.
The EFF had said earlier this year that it had written several times to National Assembly speaker Baleka Mbete, arguing that Zuma should be subjected to a disciplinary hearing to determine whether the breach of his oath of office constituted a serious violation of the Constitution, and she had refused.
Her refusal resulted in the court application.
The EFF, UDM, COPE and the DA all argued that the speaker had failed to put in place appropriate processes and mechanisms to hold the president accountable following his failure to implement the public protector’s report of March 19 2014.
The parties argued that Mbete’s failure violated the Constitution.
Opposition parties based their arguments on the Constitutional Court judgment in the Nkandla matter handed down in March 2016, which compelled Zuma to pay back the money spent on his Nkandla homestead — spending that was found to have unduly benefited him and his family.