DA leader, Mmusi Maimane says they have consulted with their legal team over the Nkandla report by Police Minister Nathi Nhleko.
Maimane was in Nelson Mandela Bay on Monday on the Eastern Cape leg of his country-wide, Freedom, Fairness and Opportunity tour.
Speaking to the media after several public engagements, Maimane said he has legal opinion that suggests that the Nhleko report is unconstitutional, biased and must not be considered.
Maimane says the big debate about the Nkandla issue, is the enforcibility of the Public Protector's recommendations.
He said the DA had gone to court over SABC boss, Hlaudi Motsoeneng, to show that he could not simply ignore the Public Protector's recommendations on remedial action.
Maimane says, likewise, President Jacob Zuma can't rely on the Nhleko report which absolved him of any responsibility to pay back some of the Nkandla money as the Public Protector had recommended.
"He must come to Court to challenge the enforceability's of the Public Protector's remedial action. What we are saying is that we support the Public Protector and we cannot ignore her. Zuma must come to court to explain that, but to do that we have to ensure that this report in Parliament is dealt with the manner that I am suggesting that it be dealt with, further from that the President must come to Court. We will take him to Court to ensure that he accounts on that score. We have precedent material that comes from the Motsoeneng issue." says Maimane.