Nkandlagate: Minister Nxesi's rejection of PAIA appeal is invalid

Yesterday I received a reply to my PAIA appeal for the Nkandla report from Minister of Public Works, Thulas Nxesi. The Minister rejected the application on the grounds that the report is currently before Parliament, and in his view, the appeal is premature.

The Minister cannot rely on confidentiality to refuse my request. Section 28 of PAIA requires that he sever the parts of the report which are confidential, making the remainder available to me.

In order to reject this application, the Minister must, in terms of Section 77 (5) of PAIA state adequate reasons for his decision and provide the provisions of PAIA that he relies upon. However, his rejection makes no reference to PAIA.

Furthermore, his consideration that the appeal is "premature" is not based in law and the Minister has failed in his legislative duty to refer to provisions in law to reject our appeal. Therefore his rejection of my appeal is invalid.

The Minister is not a law unto himself. I will be writing to him once again to request that he ground his rejection in law, and failing to do so, that he grant my appeal. 

The DA will not allow Minister Nxesi to get away with his concerted effort to shield President Jacob Zuma from public scrutiny at all costs. 

Statement issued by Lindiwe Mazibuko MP, DA Parliamentary Leader, August 1 2013

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