Nkandla scandal: DA to request NPA record of decision to not prosecute Public Works officials

A reply to a DA parliamentary question has revealed that National Prosecuting Authority (NPA) chose not to pursue criminal charges against three officials involved in the Nkandlascandal despite the fact that criminal action was recommended by the Special Investigating Unit (SIU).

The DA will therefore write to the NPA to ask for the record of decision not to criminally prosecute the three officials.

It appears that the NPA has let the three officials off the hook.

Aside from the fact that we believe that President Zuma holds ultimate responsibility for the exorbitant and unjustifiable upgrades to his Nkandla residence, which he personally benefitted from, the DA also believes that those officials who were involved must be held to account.

Interestingly, a similar reply revealed that during the period from 1 April 2012 to March 2017, six of the twelve officials facing disciplinary action as a result of the Nkandla project received performance bonuses collectively amounting to R222 743.35.

Corruption is the enemy of good governance that makes the elite wealthier at the expense of the poor and unemployed.

We will not rest until all those connected to corruption and any abuse of the public purse are held to the highest account.

Statement issued by Patricia Kopane MP, DA Shadow Minister of Public Works, 8 May 2017

Text of replies:

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION NUMBER: 665 [NW724E]

INTERNAL QUESTION PAPER NO.: No. 10 of 2017

DATE OF PUBLICATION: 17 MARCH 2017

DATE OF REPLY:  MARCH 2017

665.     The Leader of the Opposition (DA) asked the Minister of Public Works:

 (a) How many officials in his department who were found to have been involved in the Nkandla scandal, have been (i) criminally or (ii) civilly charged and (iii) dismissed from their employ and (b) what is the total remuneration earned by each of the specified officials in each of the past five financial years? NW724E

The Minister of Public Works:

REPLY:

(a)

(i)  The Special Investigating Unit referred evidence of possible criminal liability against three former officials of the Department of Public Works who were involved in the Nkandla matter to the relevant Prosecuting Authority. None of the three former officials were criminally charged, as the National Prosecuting Authority declined to prosecute any of them.

(ii)  None.

(iii)  None.

(b)  The total remuneration earned by each of the specified officials from 1 April 2011 until the time of termination of the services was:

R2 398 851.00 (01/April/2011 to 30/June/2013);

R2 450 384.25 (01/April/2011 to 31/October/2012); and

Nil (the employee was not in the employment of the Department in the past five financial years from 01 April 2011 to 31 March 2016).

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION NUMBER: 664 [NW723E]

INTERNAL QUESTION PAPER NO.:  No. 10 of 2017

DATE OF PUBLICATION:  17 MARCH 2017

DATE OF REPLY:    MARCH 2017

664.     The Leader of the Opposition (DA) asked the Minister of Public Works:

(a) What is the current status of the (i) 44 criminal cases, (ii) 15 civil cases and (iii) 64 disciplinary processes recommended by the Special Investigating Unit to be instituted against the officials in his department for their involvement in the Nkandla scandal, (b) what are the names and positions of each of the specified officials, (c) what is the total number of officials who are still employed by (i) his department and (ii) any other government department (d) what is the total number of officials who received bonuses in each of the past five financial years and (e) what was the total amount received in each case? NW723E

The Minister of Public Works:

REPLY:

(a)    

(i)  The Special Investigating Unit (SIU) referred evidence for possible criminal action against three (not 44) former senior officials of the Department of Public Works and one contractor involved in the Nkandla matter to the relevant Prosecuting Authority. The latter declined to prosecute the three officials and the enquiry against the contractor is apparently still pending.

(ii)  The SIU instituted a civil claim (not 15 cases) against Makhanya Architects, the principal architect in the Nkandla matter, in the KwazuluNatal High Court. The proceedings are pending.

(iii) The Special Investigating Unit referred evidence for possible disciplinary action against 12 (not 64) employees of the Department of Public Works who were involved in the Nkandla matter to the Department. The Department instituted disciplinary actions against all 12 of the employees. One employee pleaded guilty and he was found guilty of misconduct. The penalty was suspension without pay and a final written warning. One of the employees passed away. The disciplinary hearings against the remaining ten employees have commenced.

(b)  The names of twelve officials that were subjected to disciplinary hearings cannot be disclosed until the cases have been finalised.

(c) (i) and (ii) 11 employees are still employed by the Department.

(d) Six employees received performance bonuses

(e) Total amount received in each case during the period from 1 April 2012 to March 2017:

R28 702 87

R11 205.66

R60 766.85

R42 097.35

R57 210.65

R22 759.97

Issued by Parliament, 8 May 2017