No one can say there has ever been a thorough investigation into President Jacob Zuma's conduct following his failure to implement the Public Protector's report into Nkandla, the Economic Freedom Fighters' (EFF's) lawyer Advocate Tembeka Ngcukaitobi said on Tuesday.
"The primary responsibility to hold someone accountable lies with the Speaker [Baleka Mbete]," he told the justices of the Constitutional Court.
He was arguing an application brought by opposition parties for Parliament to institute impeachment proceedings against Zuma.
The orders they seek include one declaring that National Speaker of Parliament Baleka Mbete failed to put in place all appropriate procedures and mechanisms to hold Zuma accountable, following the president's failure to implement recommendations in the former Public Protector's report into Nkandla in 2014.
Ngcukaitobi told a full bench of justices that: "There is no dispute that there is a prima facie impeachable case against the president".
He added that Mbete was "deflecting her responsibility" in holding the executive responsible.
"This is the third time we are coming to court for the same matter. [The] Speaker overlooks the duty to confront corruption. What does the Speaker think should happen?" he asked.
Justice Chris Jafta asked Ngcukaitobi if he thought Zuma would have been held accountable if the motion of no confidence against him on August 8 was successful.
"Yes," Ngcukaitobi replied.
Ngcukaitobi also argued that there was a serious violation of the Constitution and that Zuma knew public funds were been utilised.
In 2016 Chief Justice Mogoeng Mogoeng found that Zuma had failed to uphold, defend and respect the Constitution.
News24 previously reported that former Public Protector Thuli Madonsela had found that upgrades to Zuma's homestead in Nkandla, KwaZulu-Natal, were not all for security purposes, as stated.
She found that Zuma had unduly benefited from some of the upgrades which included the building of an amphitheatre, a cattle kraal, a chicken run and swimming pool, among other things.