Cape Town - Parliament’s Nkandla ad hoc committee found senior public works officials were “grossly negligent” and failed to do their jobs, as did the SAPS, South African National Defence Force (SANDF) and state security, when it came to the R215 million taxpayer-funded security upgrades at President Jacob Zuma’s rural homestead.
However, the president did act speedily to take steps to investigate the multi-million rand cost overruns after media exposure, the committee agreed in its findings after discussions late on Thursday night.
Other findings include:
- Zuma did not ask for the security upgrades.
- There is no evidence Zuma tried to influence the security upgrades.
- Officials knew the legal and regulatory framework but didn’t follow it.
- Public Works officials ceded responsibility to the Zuma family architect Minenhle Makhanya.
- No proper initial security assessment was done, nor were the required regular security assessments conducted by SAPS.
- The security upgrades were done under a 2003 cabinet memo on the homes of sitting and former presidents and their deputies, not the National Key Point Act.
- Public works, SAPS, SANDF and state security failed to supervise the implementation of the cabinet memo - and only two of its required steps were taken.
Discussions appeared to indicate the committee would heavily rely on a recent Western Cape High Court court ruling that the public protector’s remedial actions were not binding or enforceable, but also could not be ignored.
The High Court finding was made in a DA application opposing the permanent appointment of Hlaudi Motsoeneng as SABC chief operating officer. However, the judgment is being appealed by Motsoeneng - against the order for his immediate suspension pending disciplinary steps - and Public Protector Thuli Madonsela, to clear up “confusion” given that an earlier Supreme Court of Appeal ruled the public protector’s office was more than an ombudsman.
Next, the committee will formulate recommendations when it meets again, most likely on Tuesday. The final committee report must go to the National Assembly by next Friday.
However, DA leader Mmusi Maimane took exception that the opposition parties did not receive copies of the draft report. This after opposition parties had walked out over the ANC MPs using their numbers to stop either Zuma or Madonsela to testify and to dismiss a request for a legal opinion on the status of the public protector’s remedial action.
“While the ANC continues to keep the draft report confidential, it proves that the committee is nothing more than an ANC study group taking its cue from Luthuli House, not the Constitution, the rules of Parliament or any other relevant legislation,” he said.
- Cape Argus