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Formal complaint against Madonsela


 The Public Protector, Advocate Thuli Madonsela, came in for harsh criticism on Thursday during the opening session of parliament's ad hoc committee which is dealing with reports into the security upgrades at President Jacob Zuma's private residence at Nkandla.

The committee received a letter from a legal firm representing a group of concerned lawyers and educationists who claim that Madonsela's report contains procedural flaws, inaccuracies, contradictions and errors.

In the letter, which was read out by Ad Hoc Committee member, Sikhumbuzo Tshabalala, the group also complained that Madonsela should have released her report to parliament first and not the media and are now challenging it on the grounds of legality, lack of rationality and actions that they said were ultra vires.

The committee resolved that the complaint be referred to Parliament's portfolio committee on justice.

The Nkandla ad hoc committee was due to report to the National Assembly on October 25, but is unlikely to do so.

Chairman Cedric Frolick said he would request an extension because the drafting of the committee's report was taking longer than expected.
Last month opposition parties withdrew from the committee dealing with the upgrades to President Jacob Zuma's private Nkandla homestead in KwaZulu-Natal, saying they would not legitimise a process they claimed was designed to shield him from liability for
alleged abuse of state funds.

They walked out after the ruling party refused to agree to call Zuma to answer questions and to enforce Madonsela's directive that he repay a portion of the R246 million spent on the refurbishments.

African National Congress MP Mathole Motshekga previously told the committee the "majority of legal minds" agreed with the president's view that remedies put forward by the public protector were not binding.

"Our view is that remedial action is not binding, it has the status of recommendations," he said, adding that the country's courts had not pronounced definitively on the matter.

The opposition parties said on October 3 that they would table their own report on the matter in Parliament