President Jacob Zuma violated the Constitution he promised to uphold when he took office by not implementing Public Protector Thuli Madonsela’s recommendations on his Nkandla homestead, the Constitutional Court heard on Tuesday.

“This was a violation of the President’s ethical duties, we submit. The president violated his ethical duties by defying the Public Protector’s orders in order to protect his ill-gotten gains,” advocate Wim Trengove, for the Economic Freedom Fighters (EFF), told the eleven judges hearing the application.

“He defied her and used his position to enrich himself through an improper benefit…a violation of Section 96 of the Constitution.”

Trengove added that Zuma defied his oath of office to uphold the Constitution.

“All of us are bound by the Constitution, but there is a special and heightened duty by the President to uphold, defend, and respect the Constitution and other laws of the country.”

One of the main reasons the EFF approached the South Africa’s highest court was to determine that Madonsela’s orders were binding, Trengove said.

“It is important not only for this case but that the effectiveness of the public protector that she makes binding orders be realised.”

The hearing into the two applications on the matter by Democratic Alliance (DA) and EFF continues.

In 2014, Madonsela’s report into the upgrades at Zuma’s Nkandla homestead found that some of the features such as the chicken run, swimming pool, and cattle kraal were not security features and proposed remedial action. The remedial action included that Zuma, with the assistance of the ministers of police and of finance, determine the costs of those features and repay a portion thereof to the State.

An investigation by Police Minister Nathi Nhleko directly contradicted Madonsela’s findings and cleared Zuma of benefitting unduly from the upgrades which cost South African taxpayers more than R240-million.

Zuma had until last week defied calls to comply with Madonsela’s directive to pay back some of the money for the non security upgrades.

In a surprising move last week, Zuma offered to pay a portion of the money, the sum of which would be determined with the help of the Auditor General and the Treasury.

The DA and the EFF have since rejected Zuma’s offer and committed to proceed with the court hearings. The parties want the court to make a ruling on Madonsela’s powers.