Nkandla judgment: Separation of powers crucial to democracy

Chief justice Mogoeng Mogoeng started delivering his judgment in the Nkandla case in the Constitutional Court in Johannesburg just after 10am on Thursday.

The chief justice said the judgment‚ which he had written‚ was unanimous.

He said the matter deals with issues of monumental importance to the people of this country and the well-being of our democracy.

He reiterated the importance of the separation of powers to the democracy and the necessity of checks and balances to protect this.

He sketched the background of what happened ever since public protector Thuli Madonsela released a report in 2014 in which she said President Jacob Zuma and his family had “unduly benefited” from some of the upgrades at his Nkandla residence and should repay a portion of the money spent on those features by the state.

Mogoeng also mentioned that Zuma offered‚ eight days before the case was due to be argued in court in February‚ to repay a portion of the expenses for the features found to be unrelated to security.

He said the president had the highest obligation to uphold the constitution.

The judgment continues.