President Jacob Zuma acted illegally when he failed to comply with the remedial action set by the public protector.
This was the pronouncement on Thursday by Chief Justice Mogoeng Mogoeng‚ delivering the Constitutional Court’s unanimous judgment in the Nkandla case.
Mogoeng said the president failed in his constitutional obligation when he failed to assist the public protector by complying with her report.
Zuma should have approached the Constitutional Court if he believed that he should not abide by the public protector’s report.
He was not in the position to simply ignore public protector Thuli Madonsela’s findings and should also not have decided to have the issue investigated by police minister Nathi Nhleko.
Madonsela found in her report in 2014 that some features included in the R246-million security upgrades to Zuma's Nkandla residence in KwaZulu-Natal were not security features. These included a cattle kraal‚ chicken run‚ visitors' centre and pool.
The judgment continues.