Public Protector Thuli Madonsela is yet to file court papers regarding the EFF’s upcoming Constitutional Court challenge on whether the findings in her report on Nkandla were binding.

Spokesperson Kgalalelo Masibi, in an SMS to News24, said: “No, the public protector has not yet filed court papers.”

City Press reported on September 14 that the DA had applied to piggyback on the EFF’s case, to be heard on February 9.

If the DA is granted access, legal challenges by the two major opposition parties could possibly dovetail in the Constitutional Court next year.

The EFF argues that both Parliament and President Jacob Zuma have failed in their constitutional duties by disregarding Madonsela’s findings.

Madonsela found that Zuma unduly benefited from the spending of R246m on so-called security upgrades to his Nkandla homestead. She recommended he repay a reasonable part of the money not spent on security features.

Zuma subsequently asked Police Minister Nkosinathi Nhleko to compile his own report. Nhleko found Zuma did not have to pay back the money as all the features installed were necessary for security.

Madonsela said subsequently that Zuma had misinterpreted her findings when he appointed Nhleko to conduct his own probe. News24