South African Communist Party Central Committee Meeting Feb.-March 2014., a photo by Pan-African News Wire File Photos on Flickr.
The South African Communist Party says it is "extremely concerned" at the manner in which Thuli Madonsela handled the Nkandla investigation.
20 Mar 2014 12:44 Sapa
The South African Communist Party (SACP) says it is "extremely concerned" at the manner in which Public Protector Thuli Madonsela handled her investigation into upgrades at President Jacob Zuma's private residence at Nkandla.
This had compromised certain fundamental principles of justice, fairness, and therefore the credibility of the investigation, it said in a statement on Thursday, a day after Madonsela released her report on the matter.
"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 SACP also questioned the presence of the media at the release of the report in Pretoria on Wednesday, as well as the timing of the release.
"The media was 'locked up' in a board room ... for about three hours to go through the final report prior to its release via a press conference, while the affected persons were never given such adequate opportunity.
"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."
It called for "abuses of power and the leaks" from Madonsela's office to be investigated and addressed decisively.
'Cannot be ignored'
On the timing of the release, it said this could not be ignored.
"The release of the report, some seven weeks before the elections, is a matter of serious concern to us."
The SACP said crucial observations in the report included that the president had never requested security valuations and any upgrades by the state at his Nkandla residence in KwaZulu-Natal. Also, Zuma had never misled Parliament.
"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," it said.
In her report on Wednesday, Madonsela found that Zuma had "unduly benefited from the enormous capital investment" in the Nkandla upgrades. These had totalled R246-million.
– Sapa
The Public Protector`s Report into Nkandla upgrades: SACP`s preliminary response
20 March 2014
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: sacpmedia@gmail.com
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