SACPblackStar.jpg

 

South African Communist Party, 20 March 2014

 

 

The Public Protector's Report into Nkandla upgrades

 

SACP's preliminary response

 

 

Yesterday the Public Protector released a report of investigation into the
security upgrades at President Jacob Zuma's Nkandla residence. We welcome
the fact that at last this report has been released. The SACP will study the
report in detail and respond comprehensively at an appropriate time, save
for some preliminary observations for now.

 

Crucial observations

 

The Public Protector's report, consistent with the report of the
government's Inter-Ministerial Task Team, confirms several crucial findings.

 

In the first place the President never requested for security evaluations
and any upgrades by the state at his Nkandla residence. The President had
his own upgrades taking place prior to the security installations by the
state. No state resources were used to build any house for the President or
any member of his family at his residence. The President never misled the
Parliament when he said that the state never built his and any of his family
members any house, and that his family was responsible for payment of all
the houses they built for themselves at his residence. The President was not
and did not have to be involved operationally and in any line function in
the project undertaken by the state. Neither did he influence or prefer the
appointment of any service provider or contractor.  

 

Negative impact on principles of justice

 

The SACP is extremely concerned at the manner in which the Public Protector
has handled this investigation which, we believe, has compromised certain
fundamental principles of justice, fairness and therefore the credibility of
the investigation. The use of the media in particular to leak the earlier
report and the habit of making  comments on an incomplete process have all
negatively affected and unnecessarily cast aspersions on the person of
President Jacob Zuma.

 

The media was "locked up" in a board room approximately for about 3 hours to
go through the final report prior to its release via a press conference;
whilst the affected persons were never given such adequate opportunity.
Before the Public Protector released the report, already journalists were
tweeting its contents.

 

The Public Protector does not report to the media, but to Parliament, and
therefore her media driven strategy is seriously flawed and shows a complete
misunderstanding of the Office of the Public Protector. We reiterate abuses
of power and the leaks from the Office of the Public Protector must be
investigated and addressed decisively.

 

The timing of the release of the report cannot be ignored

 

Like the Public Protector's comments that have since August 2012 become
increasingly laced with those of one opposition party that she addressed at
its Women's Day Rally, the timing of the release of the report is consistent
with frequent utterances by the same party. This cannot be viewed in
isolation from electioneering agendas. The release of the report some seven
weeks before the elections is a matter of serious concern to us.

 

The duration spent by the Public Protector in what constituted a parallel
investigation is lengthy compared to the Inter-Ministerial Task Team's
investigation into the same matter. The team timeously conducted, completed
and released its report. Action to process its recommendations was similarly
implemented decisively. Already the President signed a proclamation for the
Special Investigation Unit to take up matters that were referred to it by
recommendations of the Inter-Ministerial Task Team report.  

 

Nothing in the Public Protector's report suggests the findings and
recommendations of the Inter-Ministerial Task Team report were wrong.

 

The recommendations of the Inter-Ministerial Task Team report are broader
and address structural issues.

 

As the SACP we have accepted the Inter-Ministerial Task Team report. We
commend government for taking a lead and reiterate that relevant government
departments and state institutions must move decisively with appropriate
speed in bringing any person who committed wrongdoing to book.

 

Our commitment to fight against corruption

 

The SACP reiterates its commitment to fighting against corruption and
maladministration in both the public and private sectors. We shall continue
to campaign against this scourge as part of our ongoing political work.

 

We reaffirm our support to government institutions fighting against
corruption. We will guard against the abuse or misuse or capture of these
institutions including the Constitution's Chapter 9 institutions by
political interests.

 

We particularly commend the Minister of Public Works for the vigorous drive
that he has been leading in dealing with corruption in that department.  The
department has over the years been plagued by widespread abuse of
procurement processes, inflation of prices and unnecessary additional
measures on projects. The department is on record about this, and its
efforts to address the problem are visibly being implemented. 

 

The SACP reaffirms its commitment to the upholding of the rule of law. At
the same time, we believe that matters relating to the security of the
President are best suited to be handled by the relevant state security
organs.

 

 

Released by the SACP

 

Contact:

Alex Mashilo - Spokesperson

Mobile: 082 9200 308

Office: 011 339 3621

Twitter: @2SACP

Email: [email protected]

 

 

 

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