Few will be fooled by application for Nkandla review

16 May 2014 - 02:16 By The Times Editorial
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now
Image: Supplied

The decision by the government to challenge in court public protector Thuli Madonsela's ''irrational'' findings on the R246-million of taxpayers' money spent on ''security upgrades'' to President Jacob Zuma's palatial private home is as cynical as it is misguided.

Announcing the application for a judicial review, government spokesman Phumla Williams said: ''It is the view that the report and investigation trespassed on the separation of powers doctrine and offend against the constitution, which vests national security in parliament and the national executive.''

The suggestion that the public protector was not entitled to investigate the scandal for national security reasons - presumably on the basis that Zuma's private home is a national key point and is therefore protected from scrutiny by South Africa's ombudsman - is hogwash. If not, then why did the Speaker of Parliament (the ANC's Max Sisulu) convene an ad hoc committee to discuss Madonsela's report and Zuma's response to it?

Madonsela, who found that Zuma and his family ''benefited unduly'' from the upgrades, and recommended that he repay a portion of the expenditure on non-security features, such as a cattle kraal, chicken run and swimming pool, acted correctly by referring her report to parliament.

Instead of debating and acting on the report and Zuma's half-hearted response to it, ANC MPs appointed to the ad hoc committee shamelessly dragged their heels so that it could not be considered before the election.

Now, because the matter is sub judice and likely to go all the way to the Constitutional Court, it could take years before parliament is able to debate it.

It is difficult not to believe that this is the unstated intention of the review application.

The Scorpions crime-fighting unit was disbanded because of its investigation into another matter concerning Zuma, and the credibility of the National Prosecuting Authority was undermined.

How many more institutions will have to bend to the will of one man?

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now