Constitutional Court. picture: SOWETAN
Constitutional Court. picture: SOWETAN

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THE Democratic Alliance (DA) said the outcome of Tuesday’s Constitutional Court applications are "vital to the successful functioning of our constitutional democracy".

The Economic Freedom Fighters (EFF) is determined not to allow President Jacob Zuma’s proposed settlement derail it from holding the president to account.

The parties will be asking the highest court in the land to decide whether the failure to comply with remedial action set out in Public Protector Thuli Madonsela’s Nkandla report constituted a breach of the constitutional duties of the National Assembly and Mr Zuma.

The DA on Monday also took aim at Mr Zuma’s proposed settlement‚ saying it "amounts to nothing more than a PR (public relations) stunt to shield himself from full accountability in the matter relating to the upgrades of his private residence at Nkandla to the tune of R246m".

The Presidency had last week announced that Mr Zuma had offered to pay back a portion of the upgrades as determined by the auditor-general in consultation with the finance minister.

The DA’s James Selfe‚ who will be at the court on Tuesday‚ said Mr Zuma "has taken it upon himself to cherry-pick one such remedial action out of the four ordered by the public protector in her report entitled Secure in Comfort".

EFF leader Julius Malema indicated last week that his party was "not going to agree to any settlement until he reaffirms the powers of (the) public protector and‚ two‚ the remedial actions of (the) public protector are binding and‚ three‚ that President Zuma agrees in the settlement that failing to implement the remedial action he was in breach of the Constitution and his oath of office".

As proceedings get under way at 10am‚ Mr Malema plans to start a march from Mary Fitzgerald Square to the court.

Security will be heightened after African National Congress Youth League (ANCYL) president Collen Maine at the weekend vowed to protect his party’s leader from the EFF.

"If you fight with Zuma, you are fighting with the youth league‚ and South Africans who have voted for him‚ and the ANC with more than 60% majority. The country will be defended. We cannot allow Julius Malema and his monkeys to run our country amok and turn this country into a banana republic‚" Mr Maine said.

The EFF’s Student Command responded to Maine with: "Members of the youth desk of the ANCYL must know that we are going ahead with this programme in the most peaceful way possible‚ however‚ if they dare try tackle us‚ we will be left with no choice but to use similar yet more potent violence to respond to them."

The South Africa Police Service — @SAPoliceService — tweeted a pic of its members lining up for inspection on Tuesday morning: "#sapsGP Law enforcement officers preparing to monitor march to Constitutional Court‚ Jhb‚ this morning".

Red crowd

EFF supporters gathered in Newtown on Tuesday morning to prepare for their march to the court.

Chants and songs turned Mary Fitzgerald Square into a hive of energy as a red crowd marched around it. “Let’s arm ourselves and attack. We want our money. There will be trouble in Parliament,” they chanted.

A man rolled around the ground clutching an AK47 prop as he pretend to scope the area for the enemy.

They sang struggle songs — “The gun fired oh, oh the gun fired” — and chanted, “My president, Malema my president”.

Susan and her friend stood on the sidelines, taking a break from the chanting. She and her friend, who didn’t want to be named, said they joined the EFF when it was established as they were tired of how corrupt the ruling party had become.

“Today as we march I just pray that the president so pays it (the money) back and gives it to the poor. We need land, that money could be used to buy us land.

“We are singing, we are not fighting — we just want the money back. Black people are poor,” she said.

TMG Digital, with Penelope Mashego