Statement by UDM President Bantu Holomisa
After deliberations this morning the Caucus resolved as follows regarding the Nkandla Ad Hoc committee:
1. The new Ad-hoc committee process has not changed the original position of the UDM that the President must not use the Executive and Parliament to undermine the report of the Public Protector, but should in line with legal prescripts; approach the appropriate court for a judicial review.
2. Irrespective of the findings and recommendations of the Ad-hoc committee given the fact that the ANC bulldozed parliament on this matter, the fact does not change that, this matter is not for parliament but between the President and the Public Protector. Anything to the contrary borders on the conflation of the doctrine of the separation of powers, between the legislature, the judiciary and the executive. UDM will always and in the interest of Constitutional Democracy, refuse to break this fundamental principle.
3. We reaffirm our unwavering commitment to the independence of Chapter 9 Institutions as they strengthen our democracy. To this end, we support the report of the Public Protector on Nkandla and firmly believe that, only the court of law can review its findings and remedial actions.
4. Consistent with the Executive Members Ethics Act and the Constitution of the Republic, it is the President who can make a legally valid decision not to comply with the remedial actions made by the Public Protector, only if such is based on rationality and cogent reasoning, as the Cape Town High Court determined.
5. This matter must not only be a private property of political parties as it affects all citizens. As a result, we call on all organs of civil society to join the campaign to save this country and its resources for the benefit of the poor.
6. We call on organs of civil society to approach the courts of law to challenge this abuse of power in Parliament by using the institution to protect the President.