NKANDLA: THULI RETURNS FIRE
Shocking claims against ministers, advisers in public protector’s response to bid to stop release of report
PUBLIC Protector Thuli Madonsela has submitted her draft Nkandlagate report to the Pretoria High Court as part of a confidential statement – and states under oath that there have been several attempts by ministers and state law advisers to stop the investigation.
This emerged in Madonsela’s affidavit, the public version, in which she emphasised that according to the constitution, “no person or organ of state may dictate to, or interfere with, the function of my office. My decision to place the provisional report before the court must be viewed in this light”.
In her court papers, Madonsela argued that there was no basis for the security cluster ministers to request for more time to study her draft report into the R206 million upgrades at Zuma’s Nkandla rural homestead as it was compiled with security concerns in mind.
“The provisional report has been carefully compiled, precisely with a view to ensuring that concerns of a legitimate kind regarding security do not arise. I repeat that the exercise of scrutinising the report with this in mind would be a confined matter requiring a few hours and at most, two days.”
Madonsela’s court papers outlined a series of meetings with Police Minister Nathi Mthethwa and Public Works Minister Thulas Nxesi dating back to April with the aim of stopping the investigation.
“Resistance to the investigation was strong at this stage and there were separate attempts by the minister of police, and thereafter collectively by the ministers of police, public works and state security (with the assistance of the acting state attorney and the chief state law adviser) to stop the investigation,” Madonsela said, adding at one stage it was mooted that she stop the probe so the auditor-general and the Special Investigating Unit could take over.
At a meeting in May, the ministers of justice and defence also attended, as did several of their top officials. During this meeting, Lieutenant-General Vijay Ramlakan, a former surgeon-general, suggested the security ministers access the draft report to comment on security matters. This appeared to clear the way for co-operation.
Madonsela disagreed with the contention that she was not allowed to release the provisional Nkandla report until the security ministers approved. Having submitted confidentially the provisional report to the court, she argued: “I do not in my own provisional report quote or otherwise disclose facts impinging in any way on a legitimate claim to state security.”
She said the ministers’ court action last week effectively delayed the process – and prejudiced affected and interested parties.
Madonsela’s argument that the security ministers had been given ample time contradicts Mthethwa’s court papers, filed on Friday on the day she had expected the security ministers’ comments.
Together with a request to redact the provisional report, Mthethwa said: “The reading of the provisional report thus far reveals a plethora of breaches of state security which ought to be identified for (Madonsela) to omit from the provisional report.
“The process of identification of such matters impacting on security is cumbersome. The applicants (ministers of police, defence, state security, public works) have put together a dedicated team of departmental officials who are experts on matters of security to comment on the report.”
Justice Minister Jeff Radebe and State Security Minister Siyabonga Cwele said at the weekend there was no intention to interfere with the public protector’s work, nor was there a drive to cover up. The matter returns to court on Friday.