Public Protector Thuli Madonsela can join the EFF’s Constitutional Court bid to have President Jacob Zuma repay some of the money spent on his Nkandla residence.

On Tuesday, the court ordered that she would be joined to the matter as a third respondent, and that she had to file papers on or before October 30.

She had argued that the Constitutional Court’s ruling in the Economic Freedom Fighters’ case would profoundly affect how her office exercised its power, as a recent high court ruling had “severely compromised” it.

Western Cape High Court Judge Ashton Schippers ruled on October 24, 2014 that the Public Protector’s findings and recommendations were not binding and enforceable. He however said a definite ruling was needed on the Public Protector’s powers and remedial action.

Schippers said this in his ruling that SABC chief operating officer Hlaudi Motsoeneng be suspended pending a disciplinary hearing against him.

Madonsela said the ruling had become the prevailing law on the matter and it had “detrimentally impacted” her office.

In her report, entitled Secure in Comfort released in March 2014, Madonsela recommended that Zuma repay a reasonable amount of the R246m spent on upgrades to his Nkandla homestead not related to security, like the swimming pool, cattle kraal, and amphitheatre.

The EFF wanted the Constitutional Court to compel Zuma to implement Madonsela’s recommendations. The court was expected to hear the matter in February. News24