President Zuma reveals contradiction in his Nkandla defence

In response to a parliamentary question regarding the number of government functions the President has hosted at his private residence in Nkandla, the Presidency has indicated that it does not keep records of these functions.

The President’s latest response is clearly an evasive tactic to avoid the truth that the exorbitant upgrades to his private residence cannot be justified, and amount to the theft of public funds.

Today’s response contradicts an earlier reply from the President stating that “there are many functions that are held both at my private residence at Nkandla and in the official state residences” with guests including a variety of high profile individuals.

In fact, Minister of Police, Nathi Nhleko, found in this report into the security upgrades at Nkandla that the President was not liable for the upgrades to the Visitor’s Centre specifically – at a cost of R7,562,141.06 – as they were necessary for the discharge of his official duties:

“The President of the Republic is also a Head of State in terms of the Constitution Chapter 5, section 83(a) and he continues to discharge his responsibilities even when at his residences. Such engagements include receiving and hosting Presidents from other Countries and high profile local and international guests. … Executive guests have to be received in an area that meets appropriate control, security and protocol norms and standards.”

The President cannot in the same breath claim that the upgrades to Nkandla are necessary for the discharge of official duties, but then fall short of providing details of what these duties entail and invoke the issue of it being his private residence in doing so. The President is seeking to have his bread buttered on both sides.

The President has gone to great lengths to avoid this constitutional obligation and has instead used his political influence to shield himself from accountability.

The Public Protector found the President had unduly benefitted from the upgrades to his residence at Nkandla and should pay “a reasonable percentage of the cost of the measures that do not relate to security.” It has now been 18 months since the report was released and the President is yet to repay a single cent.

The Supreme Court of Appeal (SCA), however, found just last week that the President’s response to the findings and remedial actions taken by the Public Protector in her report on Nkandla was not in line with the Constitution.

Importantly, the SCA found that “an individual or body … is not entitled to embark on a parallel investigation process to that of the Public Protector, and adopt the position that the outcome of that parallel process trumps the … Public Protector.”

This ruling invalidates the Police Minister’s irrational report and its adoption by the National Assembly (NA). The DA has urged the Speaker of the NA to convene a sitting of the House this week in order for it to be rescinded.

It is high time that he complies with the Public Protector and does what is right. The DA will not allow the President to subvert the law for this personal gain.

Issued by Graham Charters, Acting Spokesperson to the DA Leader, 13 October 2015