Nkandla probe delay due to case’s complex nature
THE National Prosecuting Authority (NPA) has blamed the delays in charging President Jacob Zuma on the complex nature of the case opened by the official opposition in Nkandla police station two years ago.
NPA spokesperson Luvuyo Mfaku said yesterday: “If you sit with complex documents, there will be delays as you have to be thorough with analysis and interpretation of the documents.”
Mfaku was commenting in the wake of parliamentary responses by the ministries of police and justice, which told the DA that the investigation had been concluded and the docket handed to National Director of Public Prosecutions Shaun Abrahams for a decision.
The case opened by the DA regards eight charges of corruption against Zuma for his alleged complicity in the alleged misappropriation of public funds to upgrade his homestead at Nkandla in KwaZulu-Natal.
Replying to parliamentarian Elena Baker, the Police Ministry said the case docket was handed to Abrahams in August 2015, and the decision on whether to prosecute was awaited.
In another parliamentary reply, Justice and Correctional Services Minister Michael Masutha confirmed the police had investigated the matter but it was now being considered by the NPA.
“The matter is under consideration of the priority crimes litigation unit of the NPA,” Masutha said.
Yesterday, Mfaku reiterated statements by Masutha.
“Prosecutors are still considering the matter and therefore no decision has been taken whether to prosecute any person in respect of the matter. It is regrettably not possible to provide a definite date on which this investigation is expected to be concluded,” he said.
However, Mfaku said the prosecutors were working hard to ensure there was finality.
Meanwhile, the DA wants the contractors that undertook security upgrades and related work at the Nkandla homestead to be blacklisted.
Public Works Minister Nkosinathi Nhleko had confirmed in another parliamentary reply that none of the contractors were blacklisted.
“The Department of Public Works has not placed any supplier on the restricted supplier database. However, the department has started a process to place suppliers on the restricted supplier database where there is evidence that the supplier has breached the supply chain management policy and/or National Treasury regulations.”
Nhleko, who earlier this week cancelled a briefing to clarify reports about renovations at Zuma’s homestead, also said that out of the 14 contractors that were involved in the Nkandla upgrades, eight were rehired by his department from August 2014 to the present time.
DA leader Mmusi Maimane said it was shocking that none of the companies were blacklisted and that some of them were given other work by the department despite the Constitutional Court finding the upgrades were ridden with corruption and unlawful enrichment.
“It once again proves that the more connected and corruptible you are, the more valuable to the ANC government you become, and the more illegitimate money you can make,” Maimane said.
He also said his party would refer the matter to the chief procurement officer at the National Treasury to conduct an assessment as to whether any of the companies involved has breached the supply chain management policy or Treasury regulations.
“We are adamant that any company or individual who unduly benefited from carrying out work at Nkandla must be blacklisted and held accountable for their actions.”
The DA has been pushing that Zuma be held accountable in connection with the security upgrades at Nkandla.
The party has asked the tax ombudsman, Judge Bernard Ngoepe, to investigate whether Zuma should be liable to pay tax for fringe benefit tax for the security upgrades.
This after Finance Minister Malusi Gigaba had said Sars was the authority to collect fringe benefit tax.
Zuma declined to answer whether he had declared fringe benefit tax.