Constitutional Hill

Nkandla – unlawful to the last

The Report of the Public Protector on the use of public funds on lavish construction at President Jacob Zuma’s private home near Nkandla found that there was no legal authority for the spending of R246 million on the Nkandla Project. Despite suggestions to the contrary, neither the applicable Cabinet Policy nor the National Key Points Act were complied with by the various state actors involved in the project.

Although the Public Protector (circumspect to a fault) did not make a conclusive finding on this, her Report suggests that those involved in the Nkandla scandal were at first unconcerned about whether they were legally authorised to spend public funds on the construction at President Zuma’s private home.

Because it was the president’s house, the legal niceties seemed to have been of little or no concern to them. It only seemed to have become a concern when they had to account for their actions and when they realised that the president, unsurprisingly, was not going to take responsibility for the project and was not going to protect them against the fall-out from the scandal.

The Report found that most of those involved in the implementation of the Nkandla Project had no knowledge of the relevant legal provisions applicable to the project. Most of them invoked the Ministerial Handbook (which the Public Protector found was not applicable to the project) as legal authority for the project.

Instead, two other legal documents (had they been complied with) would have authorised some (but not all) of the cost of the construction at President Zuma’s private home.

First, the “Cabinet Policy: Security Measures at the Private Residences of the president, Deputy President and former Presidents and Deputy Presidents”, which was approved on 20 August 2003, allows for the spending of public funds on security measures at private properties that are owned and regularly used by the president.

This Policy provides that at the request of the president or the Presidency, the SAPS, together with the National Intelligence Agency (NIA) (now the State Security Agency) must evaluate the security situation of such a property, based on a threat analysis conducted by the NIA.

The SAPS and the NIA then have to formulate a proposal on appropriate security measures that should be put in place by the State after which the Department of Public Works (DPW) has to prepare cost estimates of implementing these measures.

Thereafter, the SAPS have to advise the Minister of Police on the proposed safety measures, including the cost thereof. Whatever measures are accordingly approved by the Minister of Police shall be communicated to the president for his or her consent. The SAPS then has to submit the measures, as approved by the president to the Minister of Public Works for approval of the structural components.

However, the Public Protector found that none of these requirements were complied with (apart from two security evaluations that were conducted by the SAPS). There was no indication that the evaluations were conducted jointly with NIA (SSA), casting doubt on the intelligence estimates on which the SAPS recommendations for security upgrades were made.

It is unclear why – if the security of the president and indeed the Republic was at stake – the NIA was not at all involved in the evaluation of the security risk faced by President Zuma at his private home.

Regarding the flouting of the Cabinet Policy, the Public Protector further found that:

The Minister of Police probably did not inform the president and requested his consent, as he was required to have done in terms of the Policy, because he was not advised accordingly by the SAPS.

The Public Protector consequently found that the Cabinet Policy was not complied with “and therefore did not constitute legal authority for the expenditure incurred by the DPW in respect of the Nkandla Project”.

The failure to follow the processes outlined in the Cabinet Policy and the deviation from the security measures that were recommended in the security evaluation done by SAPS was thus found to constitute “improper conduct and maladministration”.

Curiously, halfway through the project, on 8 April 2010, the president’s private residence was declared a National Key Point in terms of the National Key Points Act by the Minister of Police.

No finding was made about why the Nkandla residence was declared a National Key Point at this late stage and whether this was done in an attempt to draw a veil of secrecy over the construction project. (Recall that Ministers in the Security Cluster initially refused to answer questions about the project by invoking the National Key Points Act.)

The relevant Declaration Certificate issued by the Minister of Police on 8 April 2010 in terms of the National Key Points Act declaring the president’s private residence at Nkandla a National Key Point informed the president that he was obliged to take measures at his own cost and to the satisfaction of the Minister “to prevent or counter subversion, espionage and sabotage”.

As the Cabinet Policy was not complied with and therefore did not constitute legal authority for the expenditure incurred by the DPW in respect of the Nkandla Project, the declaration of the president’s private residence as a National Key Point on 8 April 2010 therefore had the result that as from that date, he was required to secure his private residence at his own cost. “His failure to do so without reasonable cause would have constituted a criminal offence” in terms of the Key Point Act.

Curiously, the acknowledgement of receipt of this declaration in the Presidency is dated 7 April 2011, exactly a year after it was sent. Whether this delay speaks to administrative chaos inside the Presidency or to a more nefarious motive to delay incurring a formal legal obligation to pay for the cost of security upgrades in terms of the Act, is not answered in the Report.

The Declaration sent by the Minister of Police was in line with Section 3 of the National Key Points Act, which provides that on receipt of the notice, the owner, after consultation with the Minister of Police, has to take steps at his/her own expense and to the satisfaction of the Minister in respect of the security of the place.

It is common cause that the president did not implement any security measures in respect of his private residence, as was required of him in terms of section 3 of this Act. This means that the legal position is therefore that the National Key Points Act was not complied with. The expenditure incurred by the DPW in respect of the Nkandla Project – in as far as the National Key Points Act was applicable – was accordingly irregular.

The Public Protector did not make any finding on whether the president was prima facie guilty of a criminal offence for failing to secure the National Key Point as required by the Act.

It must however be noted that in terms of the Act the Minister of Police could, in terms of section 3A of the National Key Points Act, have taken over the duties of the president to secure his residence as a National Key Point, on his behalf and with his consent. In such a case, the president was liable for the cost of the steps taken, to the extent determined by the minister.

This was never done. As the Public Protector points out:

I requested the Minister of Police on several occasions during the investigation to submit the relevant documents and/or correspondence indicating that the president was informed of the actions taken by the Minister as far as securing his private residence was concerned, that he consented to it, that a decision was taken accordingly and that he was informed of his liability for the costs involved.

No such documents and/or correspondence could be provided and I could find no evidence or indication that the minister invoked the provisions of section 3A of the National Key Points Act at any time.

There was also no explanation of why the Minister of Police’s order, issued with the declaration of President Zuma’s private home as a National Key Point, that the president himself had to pay for security upgrades at Nkandla was ignored.

It may be that after the order was made, the president refused to obey the law and to carry the cost. It may also be that the order was never meant to be taken seriously but was merely issued to provide a smokescreen, creating the impression that the president would pay for all security related upgrades. It may also be that all concerned had forgotten about the order or discovered after it was made that the construction at Nkandla may legally be justified by invoking the Cabinet Policy discussed above.

As I tried to make clear, the Report of the Public Protector does not answer all the questions relating to the unlawful and unauthorized expenditure of R246 million on President Zuma’s private home. Most of the unanswered questions can only be answered by the president or by his closest allies in the Cabinet. If the president and Ministers in the Security Cluster were to take their constitutional obligation to account for their actions seriously, they would attempt to answer these questions.

But they probably never will.

  • http://twitter.com/petermushroom99 peter lawton

    You are right, Prof; they probably never will.
    This whole Nkandla thing is another layer on the cynical cake that the ANC leadership is baking. Their assumption that the citizen-voters will do nothing to correct this is the bit that really is too terrible.
    They just KNOW that the citizens are going to allow them to eat this cake. Stunning arrogance, isn’t it?

  • http://karinandanthony.com karin lundgren

    I cant believe how a president can pull off breaking laws on so many accounts. He should pride himself with at least “leading” a country witch a decent constitution and democratic laws. Yet he just disregards them. The Promotion of Access of Information Act is gravely dysfunctional and although I have not read up on the details of Nklandla, I think some serious restructuring on how to carry out this Act would be a great first step…. Information on how public funds are used belongs to the public, anyone should be able to walk into a department and request any document without even having to state who they are or motivate why. This information belongs to every South African by law, and this incident shows just to what extent the president forgets or does not care that the people are, and should be, leading this country, not him. I will have to compare with where I come from and excuse me for being bias about it; but in Sweden along with other nations in Europe, there is the Freedom of the Press Act and I could LITERALLY waltz into any public department in Sweden and request to see EXACTLY what the president of Sweden, the king of Sweden, or any other official, spent their “state allowance” on last month. I could take a seat in the waiting area while they get these documents for me. They wont ask who I am, or why I need them. Because this information belongs to me, and they know it.

  • http://www.google.com Manthata Dikeledi

    NKANDLA SAGAS PHEWWW

  • Tshegofatso Mogale(14194059)

    I could not agree anymore,the conduct of the president of this country is disgraceful and what is more appauling is the fact that our ‘trusted leaders’ are those people who support him in his actions and will do nothing to remove him,supposedly because they are beneficiaries in his corruption.It will take more than just a vote for this country to start taking a step in the right direction – it will start with every individual taking up their responsibility as a proud citizen of South Africa and making the Contitution their Bible becase every word in it was written with the blood shed in The Struggle.

  • 14118379

    Is not funny how quick our president is to see other people’s flaws and
    how corrupt someone else may be where as he is not innocent himself. Jacob Zuma
    is by far, in my opinion the worst president the country has ever had since
    1994 and I find it hard to believe that there are still learders that still
    protect him and stand by him after doing all of this, maybe they are silent
    beneficiaries of his corruption. President Jacob Zuma needs to start leading by
    example and he must take responsibility for his actions. His actions clearly
    show how inequality is still a huge problem in our country and how the rich
    keep become richer; increasing the gap between the rich and poor even more
    instead of just trying to close the gap. He abuses his power as president. I also
    feel that the whole Nkandla thing and upgrading security is unnecessary, should
    he not be trying to build houses for all the people he has been promising
    instead of using the money for his benefits?

  • Michelle

    President Jacob Zuma must be held accountable for the costs of improving security at his private residence in Nkandla. Since
    all the requirements and processes prescribed by the policies of
    the Cabinet was not met and because most of those involved in the
    implementation of the project did not even had the necessary knowledge of the relevant legal provisions on the project. The
    president wants to implement projects involving millions which must be paid by taxpayers. It is not fair to those who faithfully every month paid their taxes and the president and his family lives in luxury. If
    the president want to care for his family and offer them luxuries, he has to do it with his own money and not with the state’s money. The president’s private residence was declared a National Key Point in terms of the National Key Points Act by the Minister of Police, and therefore he has to secure his property at his own expenses. He must then face criminal charges if he refuses to pay as required by the Act, like the rest of the residents of the country adhere to the law, the President must also comply .

  • filwe

    I strongly agree with you Michelle the president needs to be called to order and held accountable for his action, he needs to realise that he is not above the law and he like everyone else needs to adhere to the law like we all are expected to. He is selfish and self centred and cares only about himself.

  • filwe

    things are truly falling apart and in light of all this people are still going to vote for ANC, despite all the unlawful things taking place and all the scandals. This is a clear indication of how our leaders don’t care about us, they care more about themselves. For one the president had the audacity to lie to parliament and to the country as a whole about Nkandla having been financed by a mortgage bond. He clearly has no respect for the people he is suppose to be serving and leading. He has evidently disregarded his duties and responsibilities as president of the people by the people. He needs to be called to order, poverty is still a big problem in our country not forgetting unemployment and how does our president show his concern? By abusing public funds.

  • Michelle

    He is using the funds of the poor so that he can live in luxury. That is not fair, and how are we supposed to look up to our president, if he doesn’t care about the people he is ruling over.

  • zanele mahlangu 12266125

    A limit must be set for the amount that can be used for the safety of the president, i was shocked when i found out that more money was spent on our president than the previous presidents,R32 million, Nelson Mandela and R12.48, Thabo Mbeki and R246 on Nkandla wow u can count the difference. and i hear that the president says he wont pay because he did not ask for the upgrades… well i think he should, if he thinks its the right thing to do for the public. blic interests first and personal interests second!!! if he cant take responsibilityn as the president then he should resign.

  • filwe

    Yes I agree his suppose to be a role model.His totally lost the plot. Instead of uplifting them and working towards a better country his taking advantage of them and using them, living in luxury from the hard work and sweat of the poor. He then wonders why he was booed.

  • Zinhle Eversmiling Masimula

    The only question that is at the tip of my tongue is whether justice will be served against our own president. If it is not many people will always be against our president and nothing he says or does will be taken seriously. The president has lost his dignity years ago and now he just made matters worse. I personally have doubts about my own president.

  • Richan Gregory Schwellnus

    How can a swimming pool, cattle tunnel, cattle kraal, and amphitheatre possibly be related to ‘security upgrades’? And on top of this, our president claims to have had no knowledge that these upgrades were installed on his private homestead. Construction projects such as those carried out on Nkandla, take months to complete. Thus would it not be logical to presume that Mr. Zuma would have visited his private home whilst construction was taking place at Nkandla? And would it not be reasonable to assume that he would question why these activities were happening, or at least attempt to find out who gave the go-ahead for construction to take place? I find it highly unlikely that Mr. Zuma had no knowledge of what was happening at Nkandla. A president should inspire confidence in the people he is elected to lead by setting the example in abiding by the laws of the country. Unfortunately, this quality is not to be found in Mr. Zuma’s leadership.

  • Guest

    One would think that when you’re a public figure, like our dear president, that you would not make up silly and unintelligent stories to cover up your lies and corrupting deeds. If this were to happen to one of the common people, they would’ve been forced to pay every cent back eve

  • Mikhail Meyer

    One would think that a public figure, like our dear president, would come up with better lies to cover up his corrupting deeds. Then again, do not expect intelligence from someone that only went to school up until the third grade, and is now trying to rule and corrupt an entire country. If this happened to someone like me, I would’ve been forced to pay every cent back, regardless of the story I might have and I would’ve been sentenced to jail as well. When you work in a bank and steal as much as R 100, you immediately get fired and depending on the situation, you might go to jail. Our president abuses his power to his benefit and nothing is done to make him stop. He fires people from the parliament for being corrupt, but he spends half of the country’s hard earned taxes to build himself a swimming pool, an amphitheater etc. whilst the rest of the country is left in an atrocious condition. He then tries to hide it by telling everyone he did not know about it. In the months that these “security improvements” took place, Zuma visited his home at least once or twice…. How could he not have noticed a new swimming pool? Lead by example, so the rest of the country should now be encouraged to steal, lie and act stupid. If you can’t beat them, join them. Our government is based on hypocrisy and corruption and yet people still vote for them because they fear the unknown (They fear what might happen if another party wins). No wonder everyone is immigrating.

  • Shannon Nauschutz

    I also question what the outcome of all of this will be. Will it be another case of swept under the rug and no one hears of the charges again? I doubt charging him will make people take him seriously, most of the country – and the world – will not take him seriously again. Each time a speech is broadcast a part of me shudders to think that I tell people I am from this country. Personally, I think he should step down and let someone who actually knows how to run a country (and notice over R200 million more then planned being spent) take over from him.

  • Cameron Mattison 13093925

    My personal opinion about this Nkanlda debate, and after reading this article, is abuse of authority and the various people in various departments of power. Not only is their conduct unlawful, they cannot justify there actions and then it becomes one big blame game and no one will take responsibility or accountability for their actions. I have to agree with Peter Lawton, those that are affected the most are the citizens of the country whereby the enormous sums of money which line the pockets of those in power could be used or should I say are supposed to be for the care of the community, e.g housing, health, roads etc. Its sad to see that we are trying to bring the nation together but the authorities who are trusted with such duties are failing the country as a whole.

  • Simone Denner

    The fact that the President is not going to take responsibility for the project, his corruption or illegal actions, alarms me. How can this “leader” expect the citizens of our country to live and abide the law, if he sets such a poor example. An example that it’s more than ‘okay’ to break the law and get away with it!

    It’s quite upsetting to see the state in which so many people have to live, survive and just merely get by with each day, so that our great “leader” can live in luxury… How selfish can one person be?
    And this is the “leader” representing us all? Quite shocking indeed!
    It’s ironic to see the “Vote ANC” banners on the lamp poles stating : “VOTE ANC. Together we build a better nation!”. Whit this a photo of President Zuma smiling broadly, knowing if he wins, his new illegal city/home is expanding by the minute.
    My question is: When will we begin to stand together?

  • Attie Meyer (14026237)

    It is clear that president Zuma did not follow the law in the Nkandla project, because he ignored the National Key Points Act. I think that president Jacob Zuma thinks he is above the law, but nobody is above the law. The corruption in South Africa is so big that president Jacob Zuma is going to get away with this unlawful act and he is going to stay president. The funny thing for me is that the ANC and President Jacob Zuma does not see this as unlawful and they will probably keep on doing things like this.

  • Zinhle Eversmiling Masimula

    He was well aware of the costs he just didn’t think he would get caught or better yet he just doesn’t know how to cover his tracks.

  • Shannon Nauschutz

    I agree – he thought he could get away with it. If it wasn’t for this report, he probably would’ve (and sadly, may still) have gotten away with it.

  • Bontle Molefe

    I find it hard to understand how it is always being stated that the Nkandla project was so unlawful and non-complainant with constitutional practice, yet the people responsible are still walking free and worst of all controlling the very structures that are supposed to uphold the principles against these actions.

    Are we all really blind to the fact that all these supposed reports and declarations are all just a “smokescreen” as said in this article? If we can let a matter of this magnitude go unanswered for it is obvious that they will never answer for their actions because the very thing that has kept them protected so far will still be there for years to come.

    This to me just opens up at a lot of past issues and as we can see future issues (because surely we are supposed to expect that these kinds of events will occur again given the poor handling of this matter). Surely this is a clear indication that we could very well be living in a collapsing country and not even know about it because we do not ask questions and demand the answers to them, we are just satisfied by the mere fact that the questions have been asked, which really means nothing.

  • Bontle Molefe

    I agree with you Richard. There is no way that the president did not know of all of this. If anything, the alterations and renovations were made to his private estate to which he has control over. Any such projects done have to be done through his consent or that of one of his many spouses, and lets face it, the president is a typical Zulu man (if I may say so) and no wife of his or anyone under him for that matter would approve these projects without his consent.

  • Sydne Watson

    This Nkandla Report, simply shows how corrupt, unorganised and unprofessional our country has become. It is a clear example of where our country is headed. The most shocking thing is that the President and the rest of his so-called ‘allies’ within the Cabinet are simply getting away with spending R246 million on ‘security measures.’ They are getting away with spending so much money on security measures when they did not even go through the correct process of evaluating how much money was to be spent on this project. With that being said, the President has simply left those involved in the Nkandla project in the dark.
    South Africa is a country with an incredibly weak economy, there are people in this country living in extremely poor conditions and here the ruling party is getting away with spending millions on the Presidents house. This is not only increasing the poor economy in our country but it is increasing tensions of the population towards the ruling party and our corrupt President.

  • Katie Morris

    14039959 – It is sad to realise that the even though many people have been identified in the Nkandla report as being guilty of “improper conduct and maladministration” most, if not all, of them will end up walking free and never be brought to justice. In South Africa, it has become an almost every day occurrence to hear of corruption or scandal involving a politician or member of our government. We, as the public, have become desensitised to it to such a degree that the exposure of corruption is not followed by the necessary public demand for justice. While there are those who fight everyday to bring justice to our country, the general public are mostly apathetic – we love to complain about the state of our country and government, but rarely do anything about it. The Nkandla report was released at a crucial time – the election campaigns were in full swing, preparing for the 7th of May. However, it is unlikely that it will largely affect the votes in any way – why should it, when previous scandals have not? According to Karl Kraus “corruption is worse than prostitution. The latter might endanger the morals of an individual; the former invariably endangers the morals of the entire country.” I fear that South Africans may not do anything about this corruption, and that the Nkandla report, like so many exposures of corruption before it, will fall on deaf ears.

  • Shannon Nauschutz

    Very good points. Most interestingly, the part about the leadership qualities. Throughout this entire scandal most reports have looked at what has been spent and what will happen now, but not how it was allowed to happen. Surely a proper leader who know who is in charge of the project, and explain the limitations to them. It can also be said that they should have the best interests of the people at heart, not their own.
    I hope this brings about change in our government. The tax payer should not be held accountable for the presidents desires. The president should be held accountable for helping the citizens achieve what they desire (housing, education, health care, etc.).

  • Shannon Nauschutz

    I agree that each of us are responsible for change.
    I disagree slightly in terms of “[...] the blood shed in The Struggle.” I assume that “The Struggle” refers to apartheid. If it does not, please let me know, for then my argument is invalid. However, if it does, I think it is not just what members of society did during this period that brought about change, but rather that they inspired the change, and we are helping to write the words of the constitution (whenever a change is made).
    I feel we would make greater strides as a country if we stopped taking everything back to the apartheid period, and rather focused on what we can do now, for we are the current authors.

  • JA1101

    It is horrifying but no surprise that the correct legal channels was not followed for the upgrading on Nkandla. And now everybody is just shrugging their shoulders and pointing fingers. They are always fast to talk when someone else is in the line of fire but when they’re in hot water, you can’t get a peep out of them. It is also shocking and very arrogant of these “leaders” to think that they can just do as they please and get away with it and that the public will not notice or care.Millions of our tax money went to upgrading the president’s private home without proper causation for them to do so… In my opinion it was a chance for them to upgrade the presidents house on his behalf for his own luxury, benefit and free of charge! I hope justice will prevail and those accountable will be punished even if it is the President of the Republic of South Africa.

  • Stiaan Krause

    It is quite scary how
    the President of our country has no regard for the law of this country nor the
    correct procedures one must follow. Furthermore it is unacceptable that he does
    not take responsibility for his actions, in this case the Nkandla project, as
    said in the article he now blames the persons running this project for him,
    therefore acts as if he has no part in it. It is ridiculous that the amount of
    R 246 million is spent on the President’s personal residence. This is public
    funds that can be used for far greater and more important aspects in our
    country. It may seem as if the reasons why the Cabinet Policy: Security
    Measures at the Private Residences of the president, Deputy President and
    former Presidents and Deputy Presidents was
    not followed, is because
    it would become clear that this amount of money was not needed and that the
    spending of this amount of money is used for unnecessary niceties. I sincerely hope that
    the Public Protector reaches the desired outcome.

  • Eudenio (14089972) Winkler

    In my opinion The only two Presidents under which South Africa made Progress is The Late president Mandela And President Mbeki. This is another case of why President Jacob Zuma should in my opinion be Impeached. One of the main questions in the above article is, Where the people involved in the Nkandla project were legally authorized to spend money from the public fund on the construction. The answer to the question is no. The people involved did not even know about the relevant legal authority that had to be used and the fact that the president does not want to take accountability makes the situation even more interesting. The fact that no finding was made on why the Nkandla Residence was declared a national key point is also very interesting because if they had all their ducks in a row they would have been able to give a valid reason for the decision and even then he would still be liable for the costs. In my opinion the ANC has had its time but it is time for them to had over to another party who will run the country better.

  • Comfort R Mampa

    14184657-In his article titled Transformative Constitutionalism, the late former chief justice Puis Langa discussed ‘access to equal justice’ as a stumbling block towards attaining transformative constitutionalism. He was absolutely correct, if it was I who had used the people’s money to build myself a mansion I would’ve been arrested without even thinking twice. Now that it’s the president the law needs to be tamed?! In his “response” to the public protector’s report on the upgrades made to his private home in Nkandla, Jacob Zuma unsurprisingly avoided talking about the matter at hand. Instead of tackling the matter head-on as expected, the president addressed issues on local businesses and even touched on the Marikana disaster. How all of that is relevant to the Nkandla scandal will remain a mystery to me. Although Advocate Thuli Madonsela strongly recommended that the president repays all the money spent on non-security upgrades, the president refuses to do that because apparently he did not ask for the upgrades. Well if he did not want them to be done, why didn’t he stop them while they were still in progress?!

  • Kyla Rawlins

    The President or one of his close allies in the Cabinet will most probably not answer the questions surrounding the building of Nkandla. This shows that our government is dysfunctional in many ways and is in desperate need of some sort of inner reform and a system of accountability.

  • Carlia Pienaar

    This article proves that there is a great amount of maladministration and lack of communication within the Cabinet and the SAPS.

    By complying with neither the Cabinet policy, nor the Key points act, the President shows that corruption within the Cabinet and various other state institutions, is probably the biggest challenge we face in this country.

    The fact that it is suggested that president Zuma and his cabinet will never take responsibility for their actions, shows that corruption is an on going cycle that will take years more to control and prevent.

  • Michelle Schoeman

    The president was obliged to use legal authority for the Nkandla project. The state actors involved in the project didn’t comply with the Cabinet Policy nor the National Key Point, which makes them just as guilty. The fact that the people involved in the Nkandla scandal was so unconcerned about whether they were legally authorised to spend public funds, and then only became concerned when they were held responsible for their actions, because they realized the president wouldn’t take the fall for them, makes them part of the president’s criminal plan.

    The people involved was not informed by the president with knowledge of the relevant legal provisions that was applicable to the project. The president didn’t apply those requirements as well. The SAPS’ security evaluations should have been conducted jointly with the NIA. The Minister of Police didn’t fulfill his duty to inform the president, which shows the security of the president and the Republic cannot be trusted with the SAPS.

    The Ministers in the security cluster could maybe have attempted to make the Nkandla project a secrecy by declaring the president’s home as a National Key Point halfway through the project. The president didn’t comply with the requirements for the National Key Points Act, which makes it more of a mystery. The Cabinet in association with the president didn’t take any constitutional obligations seriously. They ignored any measures that had to be followed and they stole from the public funds.

    It is a worrying factor for South African citizens that our Cabinet and leader of the country, whom we are supposed to trust, is corrupt and unethical. It makes a lot of issues in South Africa so much harder to deal with when we know we cannot trust our state institutions.

  • Mashoto Phala

    It has become abundantly clear that zuma cares not for the law or the people of south africa, but for himself and his family.I find it disturbing that relevant people involved thought that the spending of such large sums of money would go unnoticed. Either they all thought the president was entitled to this luxury, which is vile to say the least, or they were just following orders of the president, which points to high tolerance to corruption in the executive. Each of the above should not be tolerated. I find it ironic that the people who would have benefited (the poor) the most had the 246 million rand that was spent on the president’s house been put to good use(like housing, education and healthcare), will most probably vote for the ANC out of blind loyalty.

  • George Fritz (14921499)

    It seems to me that our president is above the law and that the presidency helps our misuse our public funds for his own riches. Just like in the above article by Prof de Vos I believe the Nkandla residence was made a national key point just to hide the renovations in secrecy so that they don’t have to be honest with the public. In a land that we claim has constitutional supremacy it still seems to me that the parliament has the power to do as they like and manipulate the law to their liking. Our own president that sould be an icon for all the people in SA won’t take responsibility for renovations made to his private house with no legal authority and misuse of public funds.He just said that he didn’t know about the renovations(our president so innocent), now that’s a little far fetched. I mean there is no way you can’t know about renovations taking place on your house for months on end . Our president needs to be honest with us and take responsibility for all the public funds that was misused just like a true leader would, but again he probably won’t.

  • Ntokoto 13305035

    For a leader of country to be involved in an incident that involves unauthorized use of public money and still remain as the president of the very same country seems a bit unreal. its either the concerns of the public are not seriously taken into consideration or something else is going. if the president does not face the consequences of using public funds without any legal authorization allowing him to do so, then it is an indirect promotion of presidential supremacy, we saying he is above the law because if an activity is not legally authorized it is regarded as crime and punishment must be imposed.

  • Dimpho Thema

    14007976- I fail to understand how the ruling party ( African National Congress) fails to take corrective measures against their president and therefore the president of the republic. The President acted in an unlawful manner undermining the constitution, the legislation and the people who put him into power which are the citizens of South Africa. It is upsetting how the ANC and Mr Zuma are carrying on with their lives as if this report didn’t come out and that it doesn’t include them. this just shows that they do not respect our constitution and act as if they are above the law.

  • Noluthando Fairytale

    It seems like somewhere throughout the upgrades there was atleast an attempt to follow the correct procedure, and certain individuals including president Jacob Zuma, decided to against the system. I say this because he chose to ignore what was expected of him as stipulated in the National Key Point Act. I do not believe that no one found fault with any of the going ons with the Nkandla upgrade since 2009 up until its completion, furthermore, how can he (the president) say that he had nothing to do with the fund allocation and had no knowledge of the extent either. It seems highly impossible.

  • Wisani Nkuna (14187087)

    I doubt even a toddler would believe that “His Excellency” was somewhat unaware of everything that was happening in his own yard. Is this the same man who wants to lead the country for yet another term? The ruling party then turns a blind eye to all of this. A president is supposed to lead by example but in our country the wolf lead the sheep. Jacob Zuma’s response to the Public Protector’s Nkandla report shows that he has no respect to the public protector’s office and the constitution he solemnly swore to uphold. I also find hard to understand how one spend so much money to the benefit of their own while millions in the country are impoverished. the saddest part of it is that in South Africa ignorance is bliss.

  • 14060737

    We have all been made
    aware that our president; with all due respect is a corrupt leader who does not
    have the country’s needs or interests at heart. We can continue to complain,
    however we need to take action.
What is our country going to do to institute
    change? 
These elections are extremely vital because they will either give us
    the change this country needs or they won’t. Jacob Zuma is not superior to any
    other person, therefore he cannot get away with breaking the law.He has used
    money that is not rightly his, he must pay the consequences for his actions
    just as any other citizen would……
Our country has such potential but how
    can our country flourish under selfishness and corruption.

  • Nyarai Chigumira 13132416

    From everything that has been going on, it seems as though President Zuma is not remorseful. Zuma continues to deny the allegations that he used state funds, when it is clearly obvious that he did so. Instead of him owning up and apologising and stating that he will repay the money that he misused, he seems to be playing the blame game with the other individuals that are involved in the Nkandla project. The individuals involved such as the architect claim that they informed Zuma about everything, yet Zuma says that he did not know about the expenditures.

    There was clear maladministration on all levels, not only on Zuma’s part but on the SAPS part and none of the requirements were complied with in making sure that the public funds were used for security purposes only, but because there is corruption, tax payers money ended up being used for lavish renovations such as a swimming pool which were meant to be funded by Zuma himself. The whole government needs to take blame for this because they allowed it to happen and did not say a word. What kind of an example is the President sending to the citizens of South Africa? How are we meant to fight corruption when our own President and Government is corrupt? Is this the same man who promises a better life for all South Africans, who then goes and spends tax payers money?

  • Dian Oosthuizen

    Dit bewys net weereens hoe korrup hierdie land van ons is. Die president kan maar die wette verbreek en maak soos hy wil. Niks gaan
    daarvan kom nie, hy gaan nie beboet word vir wat hy gedoen het nie. Die regsprekende gesag weet nie eers hoe om die regte stappe te volg om hierdie proses wettiglik te doen nie. Hulle soek altyd ‘n kort pad en ongelukkig is dit alweer die verkeerde manier om dit te doen. Volgens die openbare beskermer “is daar fondse gebruik vir die opgradering van die presidensiele perseel, maar daar was addisionele uitgawes wat nie volgens vereistes is nie.” Daar is byvoorbeeld ‘n beeskraal,amfiteater, swembad, en toerisme sentrum gebou wat glad nie in sekuriteits vereistes val nie.

    Hierdie staatsgeld kon eerder spandeer geword het aan die burgers van Suid-Afrika ten opsigte van hulle daaglikse en algemene basiese behoeftes.

    Dis hoekom ons land agteruit gaan. My gevolgtrekking ten
    opsigte van die Nklandla miljoene is dat daar werklik fondse misbruik is en dat dit verhaal moet word.

  • M K Maja 14160082

    The president’s refusal to avail all the information asked of him by the public protector comes as no surprise to me as he has on previous occasions supported the controversial secrecy bill, formally known as The Protection of State Information Act. This acts suppresses and restricts freedom of expression and transparency which will only result in more corruption and abuse of state resources. The president’s conduct during the investigation of Nkandla reveals to me the manifestation of the secrecy bill, where we will be denied access to state information while corruption continues.

  • 13096550

    The President, the cabinet, the Minister of Police and SAPS
    all need to be held accountable for their involvement in the Nkandla project.
    If any other person was involved in this kind of criminal activity they would
    be held accountable and so should the people who neglected to fulfill their
    obligation of legal authority and their responsibilities in their respective
    jobs. The Constitution is the supreme law on the land and to infringe on what
    the Constitution stands for by acting without legal authority is unconstitutional.
    The people involved in theory should be reprimanded in addition to giving
    monetary compensation for their actions. However in reality as De Vos stated
    “they probably never will” which is a contradiction to Nelson Mandela’s legacy,
    what the ANC supposedly fought for and a Constitution established on a society
    based on democratic values, social justice and fundamental human rights. In the
    preamble of the Constitution, it states “this Constitution is the supreme law
    of the Republic; law or conduct inconsistent with it is invalid, and the
    obligations imposed by it must be fulfilled”. In terms of Nkandla it means that
    anyone who did not follow the correct procedure or abide to any policy
    (specifically the Cabinet Policy and the National Key Points Act) should be
    held liable in terms of the Constitution and Parliament who is able to test any
    legislation or conduct of the government or organs of state must declare their
    conduct unconstitutional resulting in legal justice. This type of conduct
    shouldn’t be tolerated and the president is not above the law.

  • nicole 14393655

    The Public Protector’s report on Nkandla has proved that there is not a sinle person who is “untouchable” and that no one is above that law. What puzzzles me is if the President is innocent like he says he is then why is refusing to answer the questions posed by the Public Protector. That, to me, is the action of a guilty person.
    What makes it worse is that the other parties involved have chosen to take the blame. This leads to the question: Why?. Is it to remind the President, a few years down the line, that they covered for him and now need him to cover for them. Or is it so that other hidden corruption does not come to light.
    The abuse of power by the President and the other parties involved is sad. It has shamed us as a nation and presented the President as a poor leader. As the leader of the counrty he knows what problems we face and it would have been better is he had used the money to alleviate some of the problems.
    I am disgusted by the corruption, unethicalness and lack of intergrity in the government. My only hope is that thisincident has opened the eyes of South Africans and that we will chosely our leadership wisely in the years to come.

  • Mbal’entle LoveChild Languza

    In a developing country with a young and fragile democracy the carelessness the presidency is portraying is alarming and cannot go unnoticed. The report by Public Protector Thuli Madonsela was supposed to demonstrate the values of an idealistic democracy, one where no one is above the law and even the President executive head of state can be questioned for his actions. To our dismay, the disclosure of the report by public protector only highlighted the saturation of corruption in our government and how how the state entities conspired in concealing this. this is not only a setback to our democracy but it is detrimental towards patriotism and a healthy society. The obscene fact of the matter is that the executive is not only also liable in this fault, their also brewing this corruption. Their putting up this facade in order to make it seem like relevant measures were taken. This attempt to deceive is conspicuous even to an ordinary citizen that need not be politically conscious. The lack of leadership, exploitation of power and state resources, the inadequacy in delivering their duties as states men and women isn’t only impairing our fragile democracy it is also counterrevolutionary.

  • 14057396

    I personally think that the buck is
    being passed around and no one wants to accept responsibility for any offences
    or actions. Jacob Zuma is expected, as our leader, to grow our country
    economically, politically and socially. But the tax payer’s money continues to
    be channelled towards “security upgrades.” A kraal, amphitheatre and a swimming
    pool? Our money is going towards upgrading the president’s homestead. They had
    no legal authority to spend the R246 million and yet it was still done. How can
    Jacob Zuma expect to run a country under such bad example? He is supposed to be
    considerate and selfless. Where are all the Nelson Mandela’s? This matter will
    never be brought to justice and nor will the perpetrators. They will always manage
    to worm, if not bribe, their way out of justice. They do not propagate equality
    and fairness, how can they lead with such hypocracy? Is it fair to say that our
    president is a criminal? In order for this country to prosper, we need a
    president of quality, and Jacob Zuma clearly does not fall in that category. I hope
    the public will think again before voting him into power.

  • Zani Trefz 13222661

    Our President is supposed to be a leader of South Africa. The
    people of South Africa wants to look up to our leader and but our trust in him
    that he will make decisions on South Africa’s behalf. But instead he is disgraceful
    for spending so much money on “renovating”!
    There are so many people who really suffer financially but still pay tax
    to follow the law and the president go and waste it on so call security issues?
    I really cannot believe how someone (never
    the less our president) can be so greedy! Why must the people of South Africa follow
    the law if the presidents don’t and our so called “leaders”. Every single one
    must be held accountable for this scandal even the president.

  • 14118379

    Well Jenny I cannot confirm the “thinking like a grade 8″ part but I doubt I even have to. At least we agree with the fact that they are somehow benefiting from all of this.

  • Darragh Meaker

    A brilliantly critical
    article Prof.

    The criticism regarding the lack of legal authority involved in this project is a product of the simply inadequate government we have ruling our country.
    The lack of care the president has taken in his personal affairs, namely to cover the ridiculous costs spent on Nkandla with two key legal documents (the Cabinet Policy and the National Key Points Act) is a reflection of the governments lack of care for the country itself. However, what is more worrying is the fact that the president will refuse to take responsibility at all costs.
    Personally, I think the public should be alarmed at the presidents attempts to cast a blind fold over the nation by appointing Nkandla as a National Key Point. This part of the article struck me as vital. Not only does our current president have a history of alleged criminal offences, but he now faces a potential offence while being in office with his failure to secure his residence at his own costs. To strengthen this accusation, the president should provide the public with reasoning, why the delay? Where is the proof of security measures that were supposedly taken? These are but to name a few.
    Being left in the dark as we are, only infuriates the doubt the public feels towards the government.

    Furthermore, the issue of the National Key Point Act arouses even more dissatisfaction and concern. It is a common belief that this act is grossly misused. A minister should not have the right to decide whether or not an area is of such an importance, that its damage would hamper the country. Who gives them the right to make such a decision? I personally think that the passing of this act strongly resembles the governments attempt to pass the Protection of
    State Information Bill, due to the fact that both pieces of legislature attempt to uphold government secrets. This stands in direct conflict with our Constitution under section 32 of the Bill of Rights which gives the public the right to obtain any information held by the state. Finally, I do not believe that this act has been implemented appropriately as there is no list of National Key Points which further affects the public in a negative way.
    The Governments movements towards a “secretive organization” is most worrying and the evidence shown in the Nkandla issue is a testimony to their shady intentions.

    (14160723)

  • 14118824

    this is one of the sign that corruption still exist.President Jacob Zuma has proved that he is no fit to rule a democratic society and a suprising factor is that our leaders still protect him as though it’s his first time.How can he build a kraal while there are people sleeping under bridges.He should be reminded that no one is above the law in South Africa and pack his belongings back to Nkandla to look after his cattle since he can’t look after the people.That Nkandla upgrading was totally unnecessary

  • Kupa K 13336411

    I have to agree that the reason Nkandla was declared a National Key Point could have been a strategic move to ‘ draw a veil of secrecy over the construction project’. Otherwise why would they have refused to answer questions as to why it was declared a National Key point. His late response to the receipt that notified him about handling the costs himself cannot be blamed on forgetfulness, He could have deliberately ignored it to avoid paying for the upgrades himself. It also shows how little respect he has for the law. If he wants to redeem himself as a leader, then he and other officials involved in the upgrades ought to take accountability. Of which as you have mentioned they probably wont. This is generally upsetting to see what government we have in power. Even more upsetting to see what great levels the officials have went to cover this up.

  • Else

    Zuma’s Nkandla homestead is allegedly a form a serious corruption, maladministration and unlawfulness.

    It is interesting that some of the upgrades could have been legally paid for had the correct procedure been followed – but instead Nkandla was declared a National Key Point; possibly to cast a said ‘veil’ over the unethical construction.

    One hopes that the Nkandla report will either clear and explain these allegations or alternatively bring some justice.

  • Burm12015904

    With the spotlight shining bright on Jacob Zuma’s corruption against the country he was elected to lead, the president looks to shift the blame onto someone else and buy himself more time to try and avoid persecution.

    Not only is this a huge setback for the battle against discrimination, the years of striving towards equality and equal rights to everyone, but also creates a lack of faith and loyalty in the citizens of South Africa towards their government and President. How can we as citizens live in a system created and enforced by our government and leader when they themselves are above the system?

    The ‘security upgrades’ implemented into Jacob Zuma’s Nkandla home is just another example of the tax-payers hard earned money taken out of their pockets and making someone else rich. How can South Africa reach new heights when the government is the anchor holding us down?

  • Devan Baird (14078750)

    This report draws the public’s attention to the incompetence of a once proud political party. The blatant and open display of corruption with blatant and transparent lies is quite frankly insulting to the public. The use of the sated amount of R246 million of public funds for nothing more than to upgrade the presidential home, shows how little regard the president has for the welfare of his people. While poverty and crime remain on the rise the use of public funds has gone to improving our presidents home. Instead of using these funds to try and reduce poverty and crime our president has so little faith that he has taken into using these funds to protect himself( rightly so after the shocking display of presidential leadership, one could say that he actually needs it). Another point made is how little legal knowledge the president has of his own country. Surely the leader of our country should be the one with the best legal understanding in order to take our country forward? The filtering of corruption from the power source down has done nothing but take this beautiful country with outstanding potential to be the best country in the world backwards. We have shown the world that we had the potential to do great things after 1994, and now we have shown the world that at the moment we are clearly not mature enough to follow up on our words and actions.

  • u14030005

    Every time I read this article the only think that catches my
    eye is the statement “…failure to follow the processes…” I feel that as the President of the country he should at the very least own up to his wrong doings and admit his part in all this. Money was taken out of the wrong place and was wrongfully and illegally used.

    Also, it was said that after the order was made, the president refused to carry the cost of some of the security measures that were made, and by doing this he refused to obey the law.

    As President it is his duty to obey the law that was made by this country. How does he expect us to trust him and follow him as the leader of our country if he is “allowed” to do such unlawful acts.

    Was this really the best way to spend all that money? It is of my opinion that the money could have been used for those without homes and those less fortunate…

    How many people out there will now be willing to vote for Jacob Zuma as president for a second term?…

  • Aalia Kharbai

    If the President of the country is the deffinition of corruption and has the
    audacity to steal from the people, how can we expect crime levels in the country to decrease, clearly we don’t have a president worth looking up to. President Jacob Zuma has no right using that money for personal reasons when there is a large number of citizens who are going without homes, food and an education, basic needs, by right that money should have been used on the betterment of the lives of South African citizens and the country as a whole. If the president does not obey the law how can he be running the country? Or how can we expect anyone else to obey the law? By disobeying the law he is sending out the message that when in power, one can abuse that popwer and get away with anything, no wonder the counrty is deteriorating.

  • Yemurai Michele(14204241)

    I find President Jacob Zuma’s claims that he cannot be held responsible for money lavished on his Nkandla home as he had
    no idea of what was going on laughable. He should be made to pay the taxpayers money that he wasted on irrelevant upgrades like the swimming pool and the
    cattle kraal. I don’t see how upgrading these had anything to do with enhancing the security at Nkandla. The upgrade does nothing but highlight his poor leadership skill, blatant corruption and disregard for the people he leads. How can he use R246 million of tax payers’ money on upgrading his home while majority of the people who live in his area wallow in poverty. Sadly we see this farce being supported by the political members of his party who should instead be asking him to step down after bringing the party into disrepute but
    unfortunately this is not the case.

  • fiona

    Corruption decomposes the fabric of society, it has laid waste to the South African economy.How many investigations and reports does our president need to establish that he made a mistake. Zuma has built a career on victimhood. He would have us believe that he is the ultmate target of political prejudice and bias. If victimhood is the language Zuma speaks, the rule of law is the dictionary he uses to couch any ethical violation in techinical obfuscation. He has become a master of it. There is always abstract blame. He can blame myraid nameless functionaries who worked on the project, Inefficiences, shortcomings, procurement and irregularities. He is no more an agent than a prisoner of his own intransigence. It is really sad that a grown man, a president no less can feign such blissful ignorance.

  • Khethiwe Mabhena

    Nkandla is yet another scandal to the infamous Jacob Zuma’s(
    JZ) name and it is just another reflection to what has been happening
    throughout the years. There is no doubt in anyone’s mind that the current
    president has had his fair share of eyebrow-raising moments, there has been
    plenty and through my analytical skills, I have come to the conclusion that he
    is not going to start acting the ‘supercop’, fighting crime with his spear and
    shield. We need to accept that.

    JZ has been able to walk away from corruption because the
    system allows him to. A man alone cannot rob the Reserve Bank on his own, he
    will need partners, an inside man, a look-out and a getaway driver. It is the
    people around him, people who probably have influence too that are corrupt as
    well. We see it clearly with the Nkandla saga. If someone somewhere had done
    their job like they were supposed to and like they are getting paid to (another
    way to waste funds), then someone would have picked up the discrepancies and
    lack of supporting documents. Someone
    should have said something loud enough for someone else to take a closer look.
    The bank robbers are a well-trained group of thieves.

    Now the question lies with whether someone would have said
    anything if they did happen to stumble across the documents, or lack
    thereof. I assume it cannot be an easy
    task to be a whistle blower as a member of the ANC and in a high political
    position within the structure. A lot could go wrong for you if you do tread on
    those waters. Your good reputation could be non-existent; you could lose some
    comrades but above all, your comfortable salary. And I hate to break it to a
    lot of people but it does make the world go round. Perhaps if we had some sort
    of reward, to compensate deserving whistle-blowers we might see a more honest
    and transparent political structure.

    Now to Sweden, the Swedish must be very happy about their
    Act, however I do not see how this may apply to South Africa (SA). We are a third
    world country and unfortunately a lot has to go wrong before someone, somewhere
    hopefully educated does something proactive about it, it has become the norm.

    And until what is broken can be fixed, the Swedish will
    continue to enjoy the PRIVILEGE that we as South Africans hope to have one day.
    It is a pity that most loyal ANC supporters still see the ANC as a beacon of
    light which liberated them from a domination which ruled for a very long time; however,
    they fail to see that a new one has begun which does not only oppress a
    specific gender, or race, but every SA citizen and until every member of
    society sees that, there will be very little to no progress towards a better
    government, presidential candidate and country.

  • Khethiwe Mabhena

    Nkandla is yet another scandal to the infamous Jacob Zuma’s(
    JZ) name and it is just another reflection to what has been happening
    throughout the years. There is no doubt in anyone’s mind that the current
    president has had his fair share of eyebrow-raising moments, there has been
    plenty and through my analytical skills, I have come to the conclusion that he
    is not going to start acting the ‘supercop’, fighting crime with his spear and
    shield. We need to accept that.

    JZ has been able to walk away from corruption because the
    system allows him to. A man alone cannot rob the Reserve Bank on his own, he
    will need partners, an inside man, a look-out and a getaway driver. It is the
    people around him, people who probably have influence too that are corrupt as
    well. We see it clearly with the Nkandla saga. If someone somewhere had done
    their job like they were supposed to and like they are getting paid to (another
    way to waste funds), then someone would have picked up the discrepancies and
    lack of supporting documents. Someone
    should have said something loud enough for someone else to take a closer look.
    The bank robbers are a well-trained group of thieves.

    Now the question lies with whether someone would have said
    anything if they did happen to stumble across the documents, or lack
    thereof. I assume it cannot be an easy
    task to be a whistle blower as a member of the ANC and in a high political
    position within the structure. A lot could go wrong for you if you do tread on
    those waters. Your good reputation could be non-existent; you could lose some
    comrades but above all, your comfortable salary. And I hate to break it to a
    lot of people but it does make the world go round. Perhaps if we had some sort
    of reward, to compensate deserving whistle-blowers we might see a more honest
    and transparent political structure.

    Now to Sweden, the Swedish must be very happy about their
    Act, however I do not see how this may apply to South Africa (SA). We are a third
    world country and unfortunately a lot has to go wrong before someone, somewhere
    hopefully educated does something proactive about it, it has become the norm.

    And until what is broken can be fixed, the Swedish will
    continue to enjoy the PRIVILEGE that we as South Africans hope to have one day.
    It is a pity that most loyal ANC supporters still see the ANC as a beacon of
    light which liberated them from a domination which ruled for a very long time; however,
    they fail to see that a new one has begun which does not only oppress a
    specific gender, or race, but every SA citizen and until every member of
    society sees that, there will be very little to no progress towards a better
    government, presidential candidate and country.

  • Zani Trefz 13222661

    The fact that this kind of money is available for house renovations is worrying to me. There are people who are homeless on the streets and unemployed; unable to get an education and feed their families, yet our president has R246 million just lying around to improve his so called security issues. This is just disgusting how someone can be so greedy! If the leader of our country can be corrupted without being held responsible then why should the people of South Africa follow the law because it is clear to me that the law means nothing for our government just everyone for themselves! Why is the Government above the law but the citizens of South Africa must abide by the law?

  • Jade Shalala

    This whole Nkandla conspiracy is utterly horrifying.

    It is digusting that the man whom we trust in to run our beloved country is able to swindle millions of tax payers out of their hard earned money and instead of using our tax payers money to improve the conditions in South Africa he is using it to build a lavish home for himself.

    According to the constituion every human being has the right to housing as well as health care,food,water and social security and it is evidently clear in the shamefully high poverty rates that these basic rights are being denied to over half of the population and yet our president, leader and protecter of our society, is able to waste R246 million on a single home out of selfishness.

    Jacob Zuma has had his fair share of bad press over the years, but none struck me as hard as this because before all of his bad publicity was due to his impetance and unsound statements, but this blatant disregard for the rights of his people whom he swore to protect has crossed the line and he deserves to pay back every cent in housing and basic health care schemes that he has wasted on his on ludacris desires.

  • 14111749 Monique Schutte

    It is clear that the use of public funds to upgrade the security of President Jacob Zuma’s private Nkandla home were no legally authorised. The government officials that spent the public funds had no knowledge of any of the legal provisions or of the cabinet policies. Neither the cabinet policies regarding security measures at the private residence, in Nkandla, nor the National Key Points Act were compiled with. There was also no indication that the president, his family or the country was in any danger whatsoever. The NIA was also never consulted regarding an evaluation of the security at the president’s private home. In my opinion, the reckless spending of public funds by the government officials can be regarded as unlawful, unnecessary and the president and his family will most definitely benefit from this rather than the citizens of South Africa. President Zuma can be regarded as self-righteous when allowing 246 million rand to be spent on his private home without insuring that the policies of the cabinet and laws of the country are being obeyed.

  • 14009197

    As South Africans, we often criticize the government and our President because of our unconstitutional past and corrupt present environment. Unfortunately, this critique often lacks the body to convince others because we do not know how to accuse them. Obviously, the corruption and the private spending of ‘public’ money angers our nation but we do not all have the knowledge or resources to identify the elements that classify these actions as illegal and wrong. Luckily, this article shows that we should not mute our opinions.
    Our President and our other (‘trustworthy’) leaders do not fulfill the duties stipulated by legislation. Therefore, why should we fulfill our duties? Why should we pay our taxes if it is evident that a great deal of the money will only offer more luxuries to our ‘spoilt’ leaders?
    That may be a mere subjective opinion, but why should we obey the law when our supposed leaders do not?
    The most aggravating factor, however, is that (as mentioned) we can ask these questions and express our opinions, but we will not receive any answers.
    We might receive even more smokescreens and could be fed more lies, but we have no guarantee that we will receive the answers to which we are entitled. We should carry on obeying the law, but it is time that our leaders do the same.

  • Sean Janse van Rensburg

    This entire Nkandla ordeal has once again proven that our present government is not fit to run this country. President Zuma and his minister fail time and time again to get the basics right. I find it horrific that Zuma took this R246 million and selfishly spent it on himself when there are thousands of South Africans in dire need of that money. It is an utter disgrace that a man of this nature is running, or rather trying to run, this country. The ministers involved in the Nkandla project did not even know that what they were doing was unlawful. Zuma and his ministers have spat in the face of democracy and have tarnished what the 1996 constitution set out to do for the people of South Africa. President Zuma needs to realise that he is not untouchable and is not above the law. The time has come for Zuma to face the consequences and we as South Africans need to ensure that this is done. Our government has developed a culture in which they do not hold one another accountable for their actions and seem to look the other way when a wrong has been done. I will not stand back anymore and watch these inadequate people run this country. South Africa has too much potential and it is all being wasted, because one man and his sheep can only think about their own well-being. It is time for change. If this ordeal has not demonstrated that to South Africa than I do not know what will.

  • 13229932

    The inconsistencies of the information pertaining this project before the Public Protectors’ report are an insinuation of the unwarranted nature of this project. The application of irrelevant legislation is as good as having applied none at all hence deeming this project as unlawful. The Cabinet Policy only allows security upgrades and can not be applied to this project due to the large funding required as well. All hope lies on the amendment of the Executive Members Ethics Act as the public prosecutor can only go as far as investigating and recommending the necessary panacea. It is neither a solution to charge the President to pay back the funds without fixing the legislation.

  • Dr. M. Adam Human Rights Forum

    There is clearly a lot of speculative statements here. Let’s stick to the facts of what conclusions the Public Protector came to.

  • Michelle Sakarombe

    The Nkandla proves to be unlawful basing on the inconsistency of proof provided by the President .It therefore shows how corrupt leaders can be with government funds at the expense of the nation .

  • Biloko

    In 2014, 62% of the vote went to the ANC and therefore Zuma was able to embark on a second term. Of course, I write with hindsight (months after the last election).

  • Biloko

    Monique, you seem to have forgotten that measures were needed to deal with the frequent earthquakes (every 50 years or so) and the constant floods, and to protect No.1’s wives and girlfriends from the rapists who supposedly haunt the hills and valleys of nKandla, according to No. 1. Zuma was therefore being vigilant where the safety of the President is concerned. BWAAA HAAA HAAA….

  • Biloko

    Izanne, get it right. It’s a FIREPOOL, not a swimming pool! It’s there for security, and deffo not for swimming in …. according to Zuma, anyways.