Wednesday, April 02, 2014

Nkandla: Zuma Buys Time
President Jacob Zuma at the ANC Manguang Conference in December 2012.
April 3, 2014

CAPE TOWN/JOHANNESBURG. – South African President Jacob Zuma expressed concern yesterday over damaging allegations that he benefited from unlawful renovations at his private home worth US$23 million, a bill picked up by taxpayers. Facing a deadline to respond to a scathing report by the public protector that comes just weeks before South Africans go to the polls, Zuma’s office said he “remains concerned about the allegations of maladministration and impropriety”.

Public protector Thuli Madonsela said the upgrades – which include a helipad, swimming pool, amphitheatre, private clinic and visitors’ centre – were unlawful and said Zuma should refund taxpayers.

Zuma (71), whose popularity is flagging, pointedly refused to comment in detail about the substance of the report.

Instead he put the public protector’s report on an equal basis as two other reports into the scandal which are expected to be more favourable, including one by his own ministers.

Zuma indicated he would not comment in full until the third report, by the Special Investigating Unit – a body established by presidential proclamation – was completed.

A statement said Zuma would then give “full and proper consideration” to the reports and inform parliament about “decisive executive interventions”.

Zuma will seek a second five-year term on May 7, in elections that are expected to be South Africa’s most fiercely fought since 1994, when apartheid ended.

The main opposition Democratic Alliance has launched a criminal corruption case against Zuma over the upgrades and plans impeachment proceedings.

The newly-founded Economic Freedom Fighters, led by the erstwhile leader of the ANC Youth League, Julius Malema, also laid charges of corruption, theft, fraud and racketeering against Zuma in Pretoria.

Malema was in 2012 expelled from the ANC for fomenting divisions within the party.

Earlier this week Zuma shifted blame for the overspending to government officials.

“They did this without telling me,” he told local television channel ANN7. “So why should I pay for something I did not ask for?”

Despite being Africa’s largest economy, South Africa still has widespread poverty and 10 million people live on government aid.

Meanwhile, a text message sent by the Democratic Alliance saying Zuma stole public funds to build his Nkandla home inflamed feelings about his character, the South Gauteng High Court heard yesterday.

“The DA is making a statement of fact and not opinion on the character of the president,” Gcina Malindi SC, for the ANC said.

“The DA could never have believed the assertion to be true.”

The ANC was arguing that Madonsela never said in her report, titled “Secure in Comfort”, that Zuma stole taxpayers’ money.

The ANC has lodged an urgent application in the High Court against the DA over the text message. It wanted the Democratic Alliance to retract the SMS, stop sending it and apologise to the ruling party or be fined up to R200 000.

The text message, which DA Gauteng premier candidate Mmusi Maimane said was sent to 1,6 million prospective voters in Gauteng, read: “The Nkandla report shows how Zuma stole your money to build his R246 million home. Vote DA on 7 May to beat corruption. Together for change.”

The party was arguing the SMS contravened the Electoral Act and the Electoral Code of Conduct, which prohibit false accusations that can influence the election.

Malindi said the ANC’s objection was meant to enhance the promotion of fair elections.

“(The message) could heighten the volatile atmosphere in the elections. If this is allowed to persist we all (know) what it will lead to.”

Malindi pointed out that there had been relatively peaceful elections since 1994.

Addressing acting Judge Mike Hellens, Malindi said that since the DA had based the wording contained in the SMSes on Madonsela’s Nkandla report, the statement was false.

This was because the report never stated that Zuma stole, how Zuma stole, or even concluded that he had stolen public funds.
“If the report doesn’t say Zuma stole, that is the end of the argument?” Hellens asked.

Malindi replied: “That’s the argument.”
The ANC’s argument was not based on a defamation argument, given the application was brought within the context of an election and electioneering, hence the court was adopting the hat of an election court.

Given the election, to be held on  May 7, was approaching, Hellens said it was not in dispute that the matter was urgent.

- AFP/Sapa.

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