Alex Mitchley
1 minute read
11 Nov 2013
5:08 pm

Nkandla report delay ‘not in public interest’

Alex Mitchley

It would not be in the interest of the public to leave the Nkandla report in the hands of security cluster for an extended period of time, Public Protector said on Monday.

FILE PICTURE: Public Protector Thuli Madonsela. Picture: Michel Bega

In a statement released today, Thuli Madonsela attempted to clarify exactly why she tried to oppose the state’s court bid to give them more time.

She said the reluctance to grant the extension came from the view that acceding to the request would be an injustice with regards to the affected and implicated partie

She was also concerned it would prejudice in particular those who she has made provisional adverse findings against as well as those she has quoted as having provided her with evidence who, to date, have not received the report.

“It would also not be in the public interest if the security cluster has exclusive possession of the report. These concerns were expressed to the Minister, who offered no solutions to them,” spokesman Kgalalelo Masibi said.

Masibi indicated that while Madonsela was reconsidering her position in the spirit of co-operation, the security cluster sent the letter requesting more time. The letter arrived in the afternoon of November 7 indicating if she did not respond in an hour it would be assumed that she was declining.

“This letter was sent on a day that the Public protector was out of town and according to the statement the state was made aware of this. As a result she only received the information later that night,” Masibi said.

A response was being prepared when she received court papers shortly before 9am on November 8.

According to the statement, the Public will clarify in detail in court papers why she believes the security cluster’s request is unlawful, unconstitutional and violates the independence of her office.

 

How a normal report is normally handled vs how Nkandla report was handled

Flow Chart