EFF Statement on the public protector report on Nkandla corruption!

The Economic Freedom Fighters (EFF) notes the Report of the Public Protector on the Security Upgrades that were done on the private residence of President of South Africa, Mr. Jacob Zuma.

Concretely, the EFF fully agrees with the principle cited by the Public Protector that "Our government is the potent, the omnipresent teacher. For good or for I'll, it teaches people by example... If the government becomes a law breaker, it breeds contempt for law; it invites every man [person] to become law; unto himself."

The EFF agrees with this principle because more than anything, the Public Protector's report reveals a government which consciously and knowingly spent money for the undue benefit of Mr. Zuma and later concocted a report to justify and lie on why such money was spent. What the Public Protector report reveals is a government that is systemically corrupt and can do everything to justify wrongfulness and criminality committed by its President.

The EFF is aware that the investigation by the Public Protector was not a criminal investigation, yet believes that there are many aspects in the report that necessitate criminal investigations against Mr. Zuma, his Architect, the Minister of Police and all officials who unlawfully awarded the tenders for the construction of the private residence of Mr. Zuma.

The Public Protector highlights the fact that Mr. Zuma was aware of the designs of his residence, and that as a President who should be a custodian and guardian of responsible expenditure of national resources, should have cautioned against expenses that do not relate to security and excessive. It is very apparent that Mr. Zuma knowingly left government spend millions of Rands in the construction of aspects that were not supposed to be constructed and knowingly partook in the design process which ballooned the security upgrades from R27 million to R146 million.

The EFF notes that the Public Protector does not accept the deviation reasons given by the Department of Public Works on why the private Architect of Mr. Jacob Zuma was appointed to be a Project Leader, an occurrence that violated government regulations and law of expenses above R500 0000. In this regard, the EFF believes that there was criminality in deciding the whole contract and those responsible should be held accountable.

The EFF believes that Mr. Zuma is responsible for the illegal appointment of his private Architect as the chief agent of the Nkandla project. The EFF believes that Mr. Zuma knew of each and every expense on the Nkandla project and partook in ballooning the costs because he was part of the design process. The private architect constantly briefed him of the designs, and Mr. Zuma did not caution against expenses that violate the legal and permissible aspects of the project.

In this regard, Mr. Zuma is party to violation of laws because he could have imposed his private architect into an illegally awarded Tender. Mr. Zuma is party to violation of laws because he was part of the designs that ballooned the costs of the Nkandla project. Mr. Zuma is party to violation of laws because even when it was brought to his attention that the costs of the project are too high and possibly unwarranted, he went ahead and approved the construction of non-security aspects of his private residence.

Because it was not a criminal investigation, the Public Protector's report cannot give conclusive judgment on the illegal and unlawful role of Mr. Zuma, his private Architect, and Minister of Police. The EFF believes that a thorough criminal investigation will reveal that the private Architect Mr. Makhanya and Police Minister Mr. Nathi Mthethwa acted unlawfully because they were under instruction from Mr. Zuma. Mr. Zuma is also a recipient of an illegally awarded Tender, therefore making him a subject of criminal prosecution, like it has happened before. The illegal developments that happened in Nkandla happened in full view and knowledge of Mr. Zuma. It is only a criminal investigation and free and fair process that can reveal and confirm the criminality on the part of the Architect, Police Minister and Mr. Zuma.

It is on this basis that the EFF opens a criminal case against Mr. Zuma, Mr. Makhanya and Mr. Nathi Mthethwa. These three individuals should be subjected to a thorough criminal investigation and prosecution which will reveal that these people should be held accountable. The Public Protector has already highlighted that many aspects which transpired were unlawful, and in South African law, people who partake in unlawful activities or are known beneficiaries of unlawful activities are held criminally liable. It is therefore on this basis that Mr. Zuma, Mr. Makhanya and Mr. Mthethwa should be held accountable.

Failure of South Africa's criminal justice system to hold these people accountable will lead to what the principle statement we agree with here cautions against, "if government becomes a law breaker, it breeds contempt for the law, it invites every man [person] to become law, unto themselves...".

The EFF also highlights the reality that the people of South Africa now know that under Mr. Zuma, government has been reduced into systemic corruption and Web of lies reflected in the many lies and distortions performed by the Thulas Nxesi circus of Security Cluster Ministers who lied to South Africa about Nkandla.

The EFF does not agree that Mr. Zuma's lies to Parliament that government did not construct his private residence was ‘bona fide'. As a President, Mr. Zuma was given opportunity by Parliament to prepare for his response and due to his role in the designs of the residence, he surely knew that he was not paying for the so many non-security aspects of his private residence.

With the police case opened, the EFF expects the police to swiftly act on those who should be held accountable. The Public Protector's report is evidence enough to lay criminal charges against Mr. Zuma, Mr. Makhanya, and Mr. Mthethwa. If the police and prosecutions authority ignore the police case, the EFF will explore possibilities of private prosecution because we carry an obligation to protect the rule of law.

Statement issued by the Economic Freedom Fighters, March 20 2014

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