The Democratic Alliance (DA) has already begun consulting our lawyers with the view of joining as intervening party, following the news that the Security Cluster intends to take the Public Protector’s Report on the Nkandla matter on judicial review.
This decision by the Security Cluster is a transparent case of the executive trying to interfere with the independence and impartiality of a Chapter Nine institution.
The Constitution requires organs of State to assist and protect the Public Protector for the independent impartiality, dignity and effectiveness of the Constitution.
In the light of the aforegoing the threatened review application is inconsistent with the Constitutional imperatives.
We also believe that it is part of a greater plan to try and block the reappointment of an ad hoc committee to consider this matter on the grounds of it being sub judice.
To the extent that there are any inaccuracies in the report, a parliamentary ad hoc committee is the correct body to consider such arguments. This committee will be able to listen to input from the Security Cluster as well as seek answers to questions which were not fully answered by the report.
The DA will be considering the application by the Ministers as soon as it is available and make a decision on what steps to take. We will not hesitate to approach a court to become an intervening party if needs be.
We will do everything possible to ensure that this latest attempt to bury the Nkandla scandal does not go unanswered without a fight.