Cape Town - Public Protector Thuli Madonsela is refusing to budge in the face of an onslaught by the government’s security cluster ministers.
She said it would be unlawful, unconstitutional and a violation of her office’s independence if she agreed to their request for more time than the five days she allocated them to respond to her report into the R206 million upgrade at President Jacob Zuma’s Nkandla private home in KwaZulu-Natal.
Here’s a brief explanation on how normal Provisional Reports are handled compared to how the state wants the Nkandla Provisional Report to be handled.
How normal Provisional Reports are handled (Usually takes 3-4 weeks)
1. The Provisional Report is shared with affected, implicated and interested parties for comments (usually within 10 working days).
2. The Public Protector receives comments and, where necessary, integrates the comments on the report (usually takes 10-15 working days).
3. The Public Protector releases the report to the public.
How the Nkandla Provisional Report was meant to be handled (Would have taken 3-4 weeks)
1. On 1 November 2013, the Provisional Report is shared with organs of state within the security cluster, at their request, to comment on whether, in their view, the Provisional Report may compromise the security of the President. The deadline for comments is set for 6 November 2013, by close of business. The deadline is extended to 8 November 2013, by close of business.
2. The Public Protector receives comments and, where necessary, integrates the comments on the report (period determined by the Public Protector).
3. Report is shared with affected, implicated and interested parties for comments within 10 working days.
4. The Public Protector receives comments and, where necessary, integrates the comments on the report within 10-15 working days.
5. The Public Protector releases the report to the public.
How the state now wants the Nkandla Provisional Report to be handled (Period unknown)
1. On 1 November 2013, the Provisional Report is shared with organs of state within the security cluster, at their request, to comment on whether, in their view, the Provisional Report may compromise the security of the President, within 10 working days.
2. The Public Protector receives comments on security considerations and, where necessary, integrates the comments on the report (period to be determined by the Public Protector).
3. The Public Protector sends new version of the report to the organs of state concerned for them to make submissions within 7 working days.
4. The Public Protector receives comments on security considerations and, where necessary, integrates the comments on the report (period to be determined by the Public Protector).
5. The Public Protector presumably informs the organs of state that she disagrees with some of the proposed changes
6. If some of the proposed changes are not integrated, the organs of state are granted leave to approach the court to have the Public Protector integrate the changes (time to be taken unknown).
7. Provisional Report is shared with affected, implicated and interested parties for comments (usually within 10 working days)
8. The Public Protector receives comments and, where necessary, integrates the comments on the report (usually takes 10-15 working days).
9. The Public Protector releases the report to the public.
Cape Argus