JSCI Nkandla report a whitewash

The Special Report of the Joint Standing Committee on Intelligence (JSCI) on the Public Works Task Team Report into Nkandlagate - or Report on the Prestige Project A: Security Measures at the President's private residence in Nkandla - was made available this morning through Parliament's Announcements, Tablings and Committees (ATC).

The 36 page report into the consideration of the Public Work Task Team Report can be viewed as nothing less than a complete whitewash. It reads as an attempt to justify the spending of over R206 million of public money on President Jacob Zuma:

• The Intelligence Committee's "investigation" clearly did not interrogate or reflect on the personal role played by President Zuma in the Nkandla upgrade, despite numerous reports that he was aware of its details;
• The report spends significant time attempting to justify the security upgrade on account of factors such as geographic location, climate conditions, health services available in Nkandla, and the level of crime in the community, including the prevalence of rape;
• It attempts to justify the spending through making a distinction between public money spent on the property that belongs to the President, and that spent on the surrounding state land; 
• There are numerous non-security related items currently in the public domain which are simply not considered or explained, including the building of an astro-turf. There are also unacceptable explanations for the construction of the tuck shop, kraal and cattle culvert;
• The only real concerns noted in the report are that persons had access to Nkandla during its construction without having the proper security clearance.

Perhaps the most glaring indication of the politically-driven nature of the JSCI investigation is the conclusions and recommendations made:

The JSCI expresses concern that there are "parallel" investigations into the same matter which "heightens negative perceptions". It is ominous that the JSCI recommended that the "executive give urgent attention to this matter, in particular, reviewing the necessary legislation so that unnecessary parallel investigations can be avoided." I am particularly concerned that this may be a veiled attack on the Public Protector.

The committee found that the "misunderstanding that presently exists in respect of the upgrades" relates to the distinction between privately and publically owned land. There seems to be no appreciation that spending R206 million on one man's home, regardless of where the expenditure occurred, is simply not justifiable.

The committee concludes that the report should have been classified. This is despite there being no basis for this in law, as I have argued on numerous occasions. 

The committee also concludes that the surrounding terrain required the numerous security features added to it. Again, there is no appreciation of the need rather to spend such money on protecting the people of Nkandla from crime, or on improving local health services, rather than spending it on President Zuma alone.

There is no answer to the question of what will now happen to this upgrade. Regardless of whether it is on private or publicly-owned land, will the President get to keep it after he ceases to be President of the Republic? 

It must be emphasised that recommendation 11.10 of the report essentially means that further investigations into tender irregularities at Nkandla will be kept secret. This recommendation requires that all irregularities related to tenders at Nkandla be investigated by the Auditor General, and that the Auditor General must then report on this matter to the JSCI.

Since the JSCI hears matters behind closed doors, this effectively means we will never know who was responsible and how they will be held to account. 

If this report were serious about holding all those responsible accountable, it would have instead recommended that they be referred to the police for a criminal investigation and that the relevant portfolio committee be briefed. The ANC clearly wants to perpetuate the secrecy surrounding this matter and continue to keep the entire Nkandlagate scandal under wraps.

The attack levelled in this report against the two DA MPs who refused to participate in this cover-up is unwarranted and must be condemned. That the committee report attempts to villify our MPs while ignoring the actions of the officials and politicians involved in the corruption at Nkandla is very telling. If anything, this report is a vindication of the decision taken by the DA not to participate in this cover-up, and I will defend our members against any attempt to deflect attention away from the complete deficiencies in this report.

The DA will now consider what steps are available to us to take action against the JSCI for producing such a politicised assessment of what is a very serious matter of public concern, and effectively involving Parliament in a cover-up.

We are fortunate however that we have independent institutions such as the Office of the Public Protector which are also investigating this scandal. As the complainant in that matter, I look forward to receiving her full report. Once it has been released, the Public Protector's report should be tabled before an open committee in Parliament. I will also continue in my efforts to get hold of the full Public Works Task Team Report, which is the subject of a DA court application. 

The DA will not stop fighting for the truth. All those responsible for this state-sanctioned corruption must be held accountable. We will accept nothing less.

Statement issued by Lindiwe Mazibuko MP, DA Parliamentary Leader, November 14 2013

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