Chief Justice Mogoeng: Public Protector findings are binding

Chief Justice Mogoeng Mogoeng on Thursday ruled that President Jacob Zuma failed to uphold, defend and respect the Consitution regarding the Nkandla debacle.

In the unanimous decision from the Constitutional Court, Mogoeng said that compliance is not optional in the Public Protector's findings on the Nkandla upgrades.

Listen to the judgement below:

Constitutionalism, accountability and the rule of law constitute the sharp and mighty sword that stands ready to chop the ugly head of impunity off it's stiffened neck.

Chief Justice Mogoeng Mogoeng

If these values are not observed and their precepts not carried out conscientiously, we have a recipe for a constitutional crisis of great magnitude.

Chief Justice Mogoeng Mogoeng

The role of these foundational values in helping to strengthen and sustain sits at the heart of this application, and this is how the Nkandla saga started.

Chief Justice Mogoeng Mogoeng

The National Assembly flouted it's obligations. The NA resolution exonerating the president is inconsistent with The Constitution and unlawful.

Chief Justice Mogoeng Mogoeng

The remedial action taken against him is binding and that the National Treasury is to determine the reasonable cost of the non-security upgrades on the basis of which to determine the reasonable percentage of the costs that he must pay.

Chief Justice Mogoeng Mogoeng

The President's failure to comply with the remedial action is inconsistent with his obligations to uphold, defend and respect the Constitution as the supreme law of the republic to comply with the remedial action taken by the Public Protector and the duty to assist and defend the Office of the Public Protector.

Chief Justice Mogoeng Mogoeng

This article first appeared on 702 : Chief Justice Mogoeng: Public Protector findings are binding


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