Madonsela resists cabinet pressure to drop Nkandla probe

Members of President Jacob Zuma's cabinet tried to strong-arm public protector Thuli Madonsela at two meetings into dropping her investigation into his R208-million upgrade of his private Nkandla estate.

Several ministers and state law adviser Enver Daniels have confirmed there were discussions and meetings, but not that Madonsela was asked to back off.

A source with direct knowledge of the discussions told the Sunday Times, however, that Madonsela was twice told to stop her investigation but insisted she had a right and a duty to pursue the probe requested by Democratic Alliance parliamentary leader Lindiwe Mazibuko.

Mazibuko said the intervention was an "outrageous" violation of the constitutional protection of the independence of the public protector's office.

"There is no circumstance under which this is OK," she said yesterday.

Ministers Thulas Nxesi of public works, Nathi Mthethwa of police and Siyabonga Cwele of state security tried at the first meeting, held at police headquarters in Pretoria, to persuade Madonsela the job could better be done by the auditor-general, Terence Nombembe.

After Madonsela rejected a letter from the state attorney's office purporting to record her agreement to drop the investigation, she met four ministers at the offices of the Department of Public Works, the source said.

Daniels, who is known to have attended at least one of the meetings, confirmed that he was consulted on legal issues surrounding the probe into the massive revamp of Zuma's estate in KwaZulu-Natal.

"I was asked to advise on certain aspects. I may have made some recommendations but the professional ethics of my office mean I cannot talk about that," he said.

Nxesi said ministers in the security cluster had several meetings with Madonsela.

"We won't comment on the content of our discussions. But that we persuaded her not to investigate is nonsense. We reject that claim," he said.

Asked if he had wanted Madonsela to look into the Nkandla spending, Nxesi did not mention the public protector but said only: "Our preliminary report, which we released at the beginning of the year, talks to processes being taken by the AG [auditor-general] and the SIU [Special Investigating Unit]."

He said later that ministers had cooperated with Madonsela.

Zuma told parliament in November: "My residence in Nkandla has been paid for by the Zuma family. All the buildings and every room we use ... was built by ourselves as family and not by government. I have never asked government to build a home for me, and it has not done so. A necessary distinction must therefore be made between work which I have mandated and initiated in my home, as opposed to the security enhancement undertaken by government," he said.

It has since emerged that so-called security upgrades included a new shop for Zuma's first wife, tunnels, a cattle culvert, a bunker, sports fields, a clinic and other enhancements.

Nxesi commissioned the only other investigation into the Nkandla spending - an internal public works probe - but classified the report top secret and refused to discuss it in public. He suggested initially that it had been classified by Cwele, but later admitted he had himself decided to keep it secret.

At the second meeting with Madonsela, Nxesi, Mthethwa, Justice Minister Jeff Radebe and Defence Minister Nosiviwe Mapisa-Nqakula told her that Nombembe had launched an investigation, and they again urged her to leave it to him.

Radebe eventually agreed at that meeting, however, that Madonsela should continue her parallel investigation.

The Sunday Times has established that neither the auditor-general nor the SIU has implemented any inquiry into the Nkandla spending.

"Up to now, we have not received any indication that the auditor-general's expertise is needed," said Africa Boso, Nombembe's spokesman. "This is an indication that the public protector is fully and capably in control of this process."

Madonsela confirmed through a spokesman yesterday that she had met several ministers, but declined to say what was discussed.

"Government has already informed the nation that there was a meeting on August 8 2013 preceded by a meeting on July 2. There have been other meetings but ... the public protector is unable to confirm what was discussed," her office said.

Madonsela visited Zuma's estate with Mapisa-Nqakula in August last year. She is expected to complete her investigation within days and will send a draft to Mazibuko and to all the people and agencies involved in the Nkandla upgrade for comment.

Other ministers said in a joint statement issued by justice spokesman Mthunzi Mhaga that they had not tried to pressure Madonsela.

"The ministers of the justice, crime prevention and security cluster confirm that there have been interactions and meetings with the public protector pertaining to the Nkandla investigation. The ministers wish to emphasise that some of these meetings were held at the request of the public protector, in pursuance of her mandate. The insinuations raised by faceless sources with respect to the purpose of these legitimate interactions are dismissed as devoid of any truth," they said.

Mazibuko asked the public protector in September last year to investigate "whether any undue influence was placed on the Department of Public Works to allocate these funds, whether the funds have been properly budgeted for, whether any funds have been transferred from other much-needed projects for this revamp and whether the allocation of funds to what is essentially a private home - which will not remain in the state's ownership - represents irregular expenditure".

She said yesterday it was particularly inappropriate for Radebe to have participated in a meeting to discuss Madonsela's inquiries because his department funds her office, but has no authority over it.

Radebe's office urged the public to await Madonsela's report. - Additional reporting by Caiphus Kgosana, Mzilikazi wa Afrika, Sibusiso Ngalwa and Brendan Boyle