Legalbrief | your legal news hub Tuesday 28 September 2021

Zuma benefited unduly from Nkandla upgrade - Madonsela

Now that Public Protector Thuli Madonsela has released her long-awaited report on the spending of taxpayers' money to upgrade President Jacob Zuma's Nkandla homestead, the country waits with bated breath for Zuma's response, writes Legalbrief.

The DA has upped the stakes by saying it will initiate impeachment proceedings against Zuma. 'Impeachment is the correct course of action for this flagrant abuse of public money,' DA parliamentary leader Lindiwe Mazibuko said. A report on the News24 site says the party welcomed Madonsela's findings - released yesterday (Wednesday) - that Zuma and his family had unduly benefited from the upgrades to his Nkandla private residence. According to a Mail & Guardian Online report, Madonsela's report uncovered a trail of maladministration, from Ministers to officials, starting with a lack of basic knowledge about the laws and policies governing security upgrades for projects such as Nkandla. The M&G; notes Madonsela said that 'systemic' policy gaps and 'administrative deficiencies' had led to the inflation of costs. Madonsela instructed Police Minister Nathi Mthethwa to urgently institute a review of the National Key Points Act and to stop any further spending on Nkandla, according to the report. A report on the IoL site says Zuma would study the findings and recommendations of the Public Protector in the context of the existing government interventions. The presidency said the report would be used as an added tool to address claims of maladministration. Full report on the News24 site Full Mail & Guardian Online report Full report on the IoL site

Zuma 'unduly benefited' from upgrades to his private Nkandla residence in KZN, Madonsela has found, and will have to pay back at least part of the spending on improvements to the property not related to security, notes a BDlive report. It says Madonsela's 400-page report on Nkandla, titled Secure in Comfort, 'conservatively estimated' the value of the upgrades at R246m, following her probe. It also the President should have questioned the scale, costs and affordability of the upgrades. According to the report, Madonsela said Zuma had told Parliament that his family had built its own houses, the state had not built any of it and the President and his family had not benefited from the improvements. 'This was not true,' Madonsela said yesterday, adding that Zuma and his family benefited from a government-built visitors' centre, a cattle kraal and chicken run, a swimming pool and an amphitheatre, among other facilities. Full BDlive report

A finding that Zuma unduly benefited from the upgrades has damaged the government's credibility, Corruption Watch said. Executive director David Lewis said Madonsela's report on her probe into the matter had 'severe' implications, notes a report on the News24 site. 'The massive increase in the costs of the upgrade from R27m to in excess of R200m, coupled with the president's failure to take steps to prevent or even query clearly escalating costs reveal that he placed personal and family interests above those of the public.' Corruption Watch agreed with Madonsela that Zuma should repay money used for upgrades not related to security considerations. 'Public officials who authorised the massive spend and flouted procurement laws should be prosecuted, publicly named and removed from public office,' Lewis said. A report in The Citizen says the government 'welcomed' the Public Protector's report. Justice Minister Jeff Radebe said it confirmed the essential findings of the government's own probe into the matter. Full report on the News24 site Full report in The Citizen Thuli Madonsela's full statement (PDF)

Outgoing Planning Minister Trevor Manuel has warned against attacks on public bodies, such as the Public Protector and the courts, saying they would weaken these institutions and then democracy would battle to survive. According to a Sunday Times report, he made these remarks in an interview following his retirement from government after the elections, having served in the Cabinet since 1994 under Nelson Mandela, Thabo Mbeki and Jacob Zuma. The report says Manuel's warning comes against a background of intensified attacks on the Public Protector by the ANC and some of its allies. Manuel said it was not necessary to like the individual in charge of a public institution, 'but you have to respect the office'. A Mail & Guardian report says Cabinet Ministers loyal to President Jacob Zuma reiterated government's support for Madonsela's office at a briefing following the release of her Nkandla report. The Ministers insisted that no undue pressure was placed on the Public Protector, notes the report. Full Sunday Times report (subscription needed) Full Mail & Guardian report

The ANC, though, has denied it attacks Chapter Nine institutions. The denial came from secretary general Gwede Mantashe who is quoted in a report on the News24 site as saying: 'We do not attack the Public Protector, but criticise her where we feel we should.' Mantashe added: 'Trevor refuses to participate in the activities of the ANC NEC, and if you refuse such you want to be a free agent.' Mantashe likened Manuel to former Cabinet Ministers Jay Naidoo and Ronnie Kasrils. He said not being active meant that Manuel had no responsibilities. Mantashe denigrated the Nkandla report. 'We do not have any expectations from it. It has now become a political report and we will handle it as such,' he is quoted as saying in a second report on the News24 site. First report on the News24 site Second report on the News24 site See also Pierre de Vos on the powers of the Public Protector