Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others

The Public Protector investigated the use of state funds for security upgrades at President Jacob Zuma’s private Nkandla residence. She found that several installations—such as a swimming pool, amphitheatre, visitors’ centre, cattle kraal and chicken run—were non‑security features and that the President had unduly benefited from irregular expenditure of public funds. Acting under section 182(1)(c) of the Constitution, the Public Protector took remedial action requiring the President to repay a reasonable portion of the non‑security costs, reprimand the responsible Ministers, and report to the National Assembly. The President and the National Assembly did not comply; instead, the National Assembly adopted a resolution absolving the President of liability based largely on a report by the Minister of Police. The Economic Freedom Fighters and the Democratic Alliance approached the Constitutional Court, challenging the President’s non‑compliance and the National Assembly’s resolution.

The Court declared the Public Protector’s remedial action binding; declared the President’s failure to comply unconstitutional and invalid; ordered National Treasury to determine the reasonable non‑security costs and the percentage payable by the President; directed the President to repay that amount and reprimand the Ministers involved; set aside the National Assembly’s resolution absolving the President; and ordered the President, the Minister of Police and the National Assembly to pay costs.

This landmark judgment affirmed the binding nature of the Public Protector’s remedial action and strengthened the constitutional architecture of accountability and oversight. It clarified the limits of parliamentary and executive power, reinforced the rule of law, and underscored that even the President is subject to constitutional control. The case is central to South African constitutional jurisprudence on separation of powers and Chapter 9 institutions.