ConCourt hearing Nkandla arguments

The highest court in the land is hearing the much anticipated case of the EFF and the DA against President Jacob Zuma. 

It's been argued that Parliament also violated the constitution by calling the president to account with regard to the spending of non-security related upgrades at his private homestead.

I has been argued that Parliament also violated the constitution by calling the president to account with regard to the spending.

Advocate for the DA Anton Katz has told the court, like the EFF, they believe the Public Protector's orders are legally binding.

"The National Assembly have a duty, as Mr (Wim) Trengrove (for the EFF) pointed out, to consider the report of the Public Protector, which includes that paragraph, and deal with it in a constitutionally proper manner and they didn't. They rubber stamped a white washing, if I may call it that, of the excess," he said.

Katz stated public resources have been grossly violated to the detriment of the country.

"This case goes far deeper than the question of the Public Protector's powers under remedial action. It goes to a systemic failure of government in general and government which includes the executive and the National Assembly as a whole to hold to account that which is ultimately excessive, a homestead for one family worth R250 million," he said.

Earlier, the EFF's advocate, Wim Trengrove, said that the National Assembly did not ensure that the President was held accountable.

"The President can only be called to account by the National Assembly, and the National Assembly has the ultimate power of dismissal violated the constitution in its failure to call him to account at all. It is unnecessary for us to go further to seek to pursued you that they should not only have called him to account, but should have relieved him from office, I'm not making that submission," Trengrove said.

While the country's top legal eagles argue it out inside the quiet court room, outside it's noisy. 

EFF leader Julius Malema has been leading thousands of followers through the streets to the Constitutional Court.