Published by the Mail & Guardian (2014-03-19) Thulis 12 questions – and damning answers The public protector boiled her investigation into Nkandla down to 12 questions. Here is the gist of them and the answers she found: 1. Was there legal authority for state spending on Nkandla and, if so, was it violated or exceeded? There was authority, but it was improperly activated and most thoroughly violated. 2. Did the state bodies involved in Nkandla violate supply-chain rules or act improperly? Yes. In fact, they “failed dismally”. 3. Did the Nkandla upgrades go beyond what was required for the security of the president? Yes. To the extent that some of the upgrades were unlawful. 4. Was the expenditure excessive? Yes. 5. Did the president, his family and relatives improperly benefit from state spending on Nkandla? Yes. Zuma’s brothers may not have directly benefited as alleged, but Zuma and his family as a whole did benefit improperly. 6. Was there maladministration in the Nkandla project? Yes. Every high-ranking official either made mistakes or is guilty of maladministration. 7. Was there political interference in the project? Perhaps inadvertently, but yes. There was the belief among technocrats that there was political pressure on them, and they acted accordingly. 8. Were funds diverted from much-needed government projects to fund Nkandla? Yes. Money intended for inner-city regeneration and managing the risk of dolomite (which leads to sinkholes) went to Nkandla. 9. Is Zuma liable for some of the costs incurred? Technically he may be liable for a great deal, but in fairness, he should repay only a portion. 10. Is Zuma guilty of ethical violations? Yes. He failed to protect state resources, should have asked hard questions as early as December 2009, and (probably inadvertently) misled Parliament. 11. Were there other, more general, “maladministration issues”? Yes. The state unlawfully occupied land adjacent to the homestead, and many of those involved in the probe (most seriously Zuma himself) delayed its conclusion. 12. Is there a problem with the rules regarding the benefits due to presidents, their deputies and former holders of office? Yes, and unless they are remedied, there could be another Nkandla.
Posted on: Thu, 20 Mar 2014 08:40:23 +0000
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