Nkandlagate: Security Cluster Ministers' conduct should be investigated by Parliament
During the Public Protector's media briefing this morning in which she mapped out the road ahead for the highly anticipated Nkandlagate report into the over R200 million of public funds that was spent upgrading President Jacob Zuma's private home in Nkandla, she alleged that the Security Cluster Ministers have acted unlawfully, in contravention of the Public Protector Act, in an attempt to strong arm her into submission.
Furthermore, she confirmed that neither the Auditor General nor the Special Investigating Unit have commenced investigations into the Nkandlagate scandal, effectively dismissing the claims by the Joint Standing Committee on Intelligence last week.
In response to these allegations, the DA will undertake to do the following:
Allegations of Interference with the Public Protector's work by the Security Cluster Ministers:
The DA will give notice of a resolution asking the National Assembly to investigate whether the Ministers unlawfully interfered with the Public Protector's investigation. It is imperative that Parliament plays a role in protecting the independence of Chapter 9 institutions, such as the Public Protector's office. We will also request that Parliament determine whether these Ministers misled parliament in their responses to our parliamentary questions on the matter, which contradict information contained in the Public Protector's sworn affidavit.
Special Investigating Unit Investigation:
Reports over the weekend indicate that a draft proclamation authorising the Special Investigating Unit (SIU) to investigate the Nkandlagate scandal was sent to President Jacob Zuma over 6 months ago. The DA has submitted a question to the President in the National Council Provinces enquiring about this proclamation, specifically whether he has received it; from whom; when it was sent to him; and why he has not signed it.
The SIU cannot proceed with its investigation until the President has signed a proclamation instructing them to do so. There is no reason why the investigation hasn't commenced 15 months after this scandal broke and almost a year since the Minister of Public Works, Thulas Nxesi, announced that this would be taking place.
The Public Protector's roadmap:
While we commend Adv Madonsela's determination to retain the independence of her office at all costs, we are concerned about the extraordinary measures she is taking to accommodate the Security Cluster's demands. She has acceded to their request to take into consideration their concerns about national security. Although she will be involving interdependent security experts to gauge the reasonability of these ‘concerns', it is important that this process is closely monitored, to ensure that there is no further political influence in this process.
I look forward to viewing the Nkandlagate report as the complainant in this matter, following which it must be tabled in Parliament and made public for rigorous scrutiny. It is both our Constitutional right and mandate to uncover the truth about Nkandlagate- South Africans deserve nothing less.
Statement issued by Lindiwe Mazibuko MP, DA Parliamentary Leader, November 20 2013
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