President completes his Nkandla climbdown

After two years of deflections, denials and parallel investigations, President Jacob Zuma, through his lawyers, yesterday conceded the Public Protector’s remedial actions were binding and the other Nkandla investigations – put in place on his instruction – were invalid. That’s according to a Daily Maverick report on yesterday’s Constitutional Court hearing. It points out Zuma has steadfastly maintained that the investigation by Police Minister Nkosinathi Nhleko found that there were no upgrades to his Nkandla home requiring Treasury to evaluate how much he should pay for non-security upgrades. His position has not changed since the Public Protector Thuli Madonsela released her report ‘Secure in Comfort’ almost two years ago. Clearly, notes the DM, Zuma’s game plan was to promote the non-findings of compromised investigations and question the Public Protector’s powers. However, yesterday, Zuma, represented by Advocate Jeremy Gauntlett, in a complete about turn, contradicted two-years of denials and undermined the many ANC MPS who strenuously defended the President. Gauntlett said the President has since November, ‘perhaps with incremental clarity’, been trying to comply with Madonsela’s remedial action that he must repay a reasonable portion of the non-security related upgrades at Nkandla that his family was found to have unduly benefited from. Nhleko, Gauntlett said, ‘has in a sense shot his bolt by releasing a report that makes, you might call them, pre-emptive findings’. Gauntlett said Nhleko’s report should have no standing in law and unless taken under review the Public Protector’s remedial actions should be binding. That, says the DM, means all that sweat, the conjuring of fire pools, was for nothing. ‘We accept that in the present case what (the Public Protector) has directed would be administered action which would stand and bind unless reviewed,’ said Gauntlett.