Madonsela to tell her side of Nkandla

Cape Town -

Public Protector Thuli Madonsela will on Monday set out her side in the latest twist over the Nkandla draft report after security ministers took her to court, saying they needed more time to assess potential security threats to President Jacob Zuma.

Described as a “comprehensive statement”, her office said at the weekend that Monday’s release would also clarify the issues that led to the court action and why the public protector took the stance she did.

At the heart of this latest turn in the Nkandla saga are deadlines. Initially, the public protector gave ministers in the security cluster and public works five days, including a weekend, until last Wednesday to comment on possible presidential security compromises arising from the provisional report into the R206-million taxpayers-funded upgrades at Zuma’s rural Nkandla homestead.

Following two written requests for extensions to Friday to give the security cluster a total of 10 days, excluding weekends, to study the draft report, the public protector extended the deadline, but only by two days, to last Friday.

Instead of receiving the comments, she was served with court papers. The hearing is set down for this Friday in the Pretoria High Court.

At the weekend, Justice Minister Jeff Radebe, who heads the security ministerial cluster, flanked by his cabinet colleague State Security Minister Siyabonga Cwele, said “we were left with no choice but to seek the intervention of the courts” because they had been given insufficient time to study the 357-page provisional report.

The public protector had “unreasonably denied us the opportunity to properly engage the report”, Radebe said, even if Madonsela, by making the provisional report available for comment, had recognised the legal obligation to ensure it “does not compromise national security and the security of the president as the head of state”.

Until this is resolved, the provisional report cannot be made public to other respondents, including Zuma, and complainants, including DA parliamentary leader Lindiwe Mazibuko. Only after other interested parties have submitted their comments, could a final report be released.

ANC deputy secretary-general Jessie Duarte welcomed the court action, saying it had been “unreasonable” not to allow an extension for comment in a matter the public protector investigated for a year.

Mazibuko, however, was concerned her rights to view the report were being undermined and said the DA was consulting lawyers to ensure access. However, both Radebe and Cwele on Saturday said there was no intention to stall the release of the final report or to tell the public protector how to proceed.

Cwele said there was no intention to intimidate.

“There’s no cover-up whatsoever,” said Radebe.

“Government has no role in deciding how the public protector deals with a report, even in this case… “ he said.

Political Bureau

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• State goes to court to stop Nkandla report

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• Public Works DG can’t be trusted: court

• Zuma’s safety at issue in Nkandla case

• Madonsela was unreasonable, says Radebe

• Nkandla report release blocked