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  • Zuma's Letter To The Speaker of Parliament On The Nkandla Upgrades - August 2014

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    Bruce Gorton
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    Jacob Zuma's second letter to the Speaker of Parliament in 2014 regarding Nkandla.

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    Zuma's letter to the speaker of Parliament on the Nkandla upgrades - August 2014

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    Jacob Zuma's second letter to the Speaker of Parliament in 2014 regarding Nkandla.

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    © All Rights Reserved
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    31 Ansichten7 Seiten

    Zuma's Letter To The Speaker of Parliament On The Nkandla Upgrades - August 2014

    Hochgeladen von

    Bruce Gorton
    Jacob Zuma's second letter to the Speaker of Parliament in 2014 regarding Nkandla.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 7
    ihre > RES 24 Auguat 2014 His Excellency J G Zuma The President ofthe Republic of South Africa Private Bag X 1000 PRETORIA 001 Dear President Zuma, REPORT TO THE SPEAKER OF THE NATIONAL ASSEMBLY REGARDING THE SECURITY UPGRADES AT THE NKANDLA PRIVATE RESIDENCE OF HIS EXCELLENCY PRESIDENT JACOB G ZUMA 1. Tam wring to you to request claty on your comments on the report I repared, tiled Secure in Comfort, a copy of which was presenied to you fn 19 March 2014, 2. The report followed complaints received by my office, in that sence alleging 24 There was no legal authorty for the expenditure that was allegedly Incurred by the state in respect of upgrades made at your private residence in the name of security. Even if there was authority, the Upgrades were sxcessve or “opulont and transcended such authori, 22 23 ‘The procurement process was improper, In violation of the prescribes ‘Supply Chain Management poley fremework and resulted in unduly excessive amounts of publo money being spent unnecessarily. ‘Your conduct in relation tothe implementation of the impugned upgrades at your private residence may have been unethical and in violation of the Executive Ethics Code, ‘The investigation was conducted in toms of section 182 of the CConsttution ofthe Republic of South Africa, 1996 (the Constiutlon), which states that “The Public Protector has the power, as reguleted by national legisation- (@) to investigate any conduct in state aff orn the pubic administration Jn any sphere of government, that is aleged or suspected to be Improper or result in any impropriety or prejudice: (0) 10 report on tat conduct; and (6) (0 take appropriate remedial action’, and in terms of addtional powers conferred on me by sections 3 and 4 of the Executive Members’ Ethics Act, 1998 and sections 6 and 7 of the Public Protector Act, 1994 | am currenty preparing special report to the National Assembly regarding progress achieved by organs of state with regard to the implementation of remedial action. | have noted that unlike in previous investigations almed at assisting you as Head of the Executive and conducted under the Executive Members’ a TLevter othe President-2i August 2014 Page2 Ethics Act, 1998 and the Public Protector Act, 1994, the head of the administration inthe Presidency has not favoured me with your comments ‘on my report ard an indication of your actions or intentions on remedial ‘action, The lat communication | recsived was a copy of your letter tothe ‘Speaker of the National Assembly, dated 2 April 2014, indicating that you awaited the report of the Special Investigating Unit to assist you in 6. I noted the contents of the “Report to the Spesker of the National Assembly regariing the secuniy upgrades at the Nkandla Private residence of hie Exoollency President Jacob G Zuma" that you prosented to the Speaker on 14 August 2014 7. tthas subsequently been reported in the media that your report purports to represent implementation of the remedial action that! took in terms of section 182(1)() ofthe Constitution, in paragraph 11.1 of my report. This remedial action reads 2s flows: “11.4 The President is to: 11.4.1 Take stops, with the assistance of the Notional Treasury and the ‘SAPS, to dotermine the reasonable cost ofthe measures implemented by the DPW at his prvale residence that do net relate to socurty, and whlch inctude the Villers" Centr, the amphitheatre, the cate kal end chioken run andthe swimming pook 11.1.2Pay a reasonable percentage of the cost of the measures os termined withthe assistance of National Treasury, aso considering tho DPW apportionment document 11.1.3 Reprimand the Ministre involved for the appaling manner in which the Nkandla Projet was handled and stale funds were abused, SA Eee a Tetter tothe President 21 Augest 2014 Pages 10, 1 2 11.44 Report tothe National Assembly on his comments and actions on this rept within 14 cys." ‘Your intial response tothe Netional Assembly on my report was tabled on 2 April 2014 (on the 14” day after is release). In your letter of even dale ‘addressed 10 the Speaker. you expressed the view that there were differences in tte findings and remedial action “proposed” by my report ‘and that of the Security Cluster Task Team. You informed the Speaker that you would comment on my report on receipt of the report of the ‘Special Investigating Unit. However, on reading the contents of your report dated 14 August 2014, 1 tealize that the pubic perception as reflected in recent media reports that It represents an implementation tothe remedial action taken in my repo, clearly unfounded. | could find ne fication in your report that you were responding to the Contents of my report, commenting on it and were reporting tothe National ‘Assembly on the actions thet you have taken or are taking to implement the remedial action. have also noticed that your report excludes some of ny findings and remedial action. Paragraph ‘ of your report clearly states that It arose out of “concems ‘expressed by goverment and certain sectors of society... No reference is made to the findings of and the remedial action taken by the Public Protector. | have further roticed that you expressly slate in paragraph 7 of your repot that you were not commenting on, infer ala, my report and thatthe ‘contents of your report tothe Speaker are nt reflective ofthe fact that you accepted its contents Letter tothe President2i August 2014 Paget ro 14 14a 142 itis my respect understanding accordingly that you have not reported to the National Assembly on your comments on my report and the actions that you are taking or have taken to Implement the remedial action referred ton paragraphs 11.1.1 to 11.1.3 thereot. Paragraph 63.2 of your report slates that you deem it appropriate thatthe Minister of Police reports to the Cabinet on a “determination” of whether you are lable ‘or any contribution in respect of the secutly upgrades, having regard to the relevant legislation, past practoes, culture and the findings contained in the respective reports, including mine. | am reepectfuly finding i ficult to understand why this is deemed appropriate ‘The only repor: making a fing that you and your immediate family improperly benefited from some of the measures implemented at your private residence by the Department of Public Works, is my report issued con 19 March 2014. ‘The only remedial action taken in this regard is to be found in paragraph 1.4 of my repot, which states that: The Prosidentis to: 111.4 Take stops, with the assistance of the National Tressury and the SAPS, to determine the reasonable cost ofthe measure implementad by the DPW at his private residence that do not relate to secunly, and which include the Vistore’ Contr, tro amphihestre, the cate kran! and oNoren run athe sinning poo 111.2Pay @ reasonable percentage of the cost of the messures as determined with the assistance of Notional Tressury, also considering the DPW apportionment document.” ‘etter tothe President 21 August 2034 Pages 14.3. Ihave not found in your pert to the National Assembly any statement ‘that cieagrees withthe remedial action in my report or seeking to redress ny findings in ths regard. 4144 In terms of you" report, Mr President, the Minister of Police now has to conduct another investigation ino your fabilty for some of the costs incured by the state at your private residence and it wil then be for the Cabinet to dal wt the matter. 445 | am concerned that your

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