In an application to the Pietermaritzburg High Court on Tuesday, Makhanya said he required the Special Investigating Unit (SIU) to “make available for inspection within five days” documents relevant to its civil claim against him.
Makhanya and the department of public works are facing a R155 million civil claim relating to work done at Zuma’s KwaZulu-Natal homestead.
SIU spokesman Boy Ndala could not immediately be reached for comment.
According to reports, the SIU claimed the department offered to appoint Makhanya as the principal agent of the Nkandla upgrade project, but the appointment was unlawful as it was not preceded by an open tender process.
The claim further details Makhanya’s authorisation of security measures beyond what was advised by the SA Police Service and the SA National Defence Force.
It stated that Makhanya had authorised installations that did not fall within the scope of security measures.
In a report released in March, Public Protector Thuli Madonsela found Zuma and his family had unduly benefited from the R246m spent on the security upgrades to Zuma’s private home.
Makhanya made headlines after it was revealed in Madonsela’s report that he made R16.5m out of the project.
The SIU handed its final report on Nkandla to Zuma on August 20. It said at the time that it was under no obligation to make the report public.
The documents sought by Makhanya include:
— Security assessment reports by the SAPS and the SANDF,
— Approval by the minister of public works for the costs of security measures,
— Request or motivation by the director general of the department to appoint him as architect,
— Bidding documents submitted to the department by consultants and contractors in the Nkandla project,
— All contracts concluded between the department and the consultants and/or contractors, and
— All documents and materials relied on by the SIU to compile particulars of its claims and those relied on for its allegations of excessive payments and above-market payments.