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The Nkandla saga may be nearing the end for President Jacob Zuma. But for his bankrupt former architect, it is only getting worse.
The Special Investigating Unit (SIU) says it is almost ready to go to court to recover R155 million from Nkandla architect Minenhle Makhanya.
Makhanya is being sued for allegedly authorising and overseeing the implementation of improvements and installation of security measures at Zuma’s homestead in KwaZulu-Natal, which were “in excess and beyond the security assessments and requirements” of the police and defence force.
But Makhanya’s lawyers say he is ready to fight. They say he is being hung out to dry after Zuma was asked to pay only R7.8 million and the cases against three public works officials were dropped.
The Special Investigating Unit’s (SIU’s) R155 million civil claim against Minenhle Makhanya, President Jacob Zuma’s architect on his Nkandla residence, will proceed even if he pleads poverty.
City Press has learnt that pre-trial preparations, which include gathering evidence and consulting with witnesses, have started, opening the way for the SIU to apply for a trial date.
The entity, empowered to investigate and litigate corruption and maladministration, this week said it was in the process of instructing its attorneys to attend to the matter as soon as possible.
Makhanya is being sued for allegedly authorising and overseeing the implementation of improvements and installation of security measures at Zuma’s home in KwaZulu-Natal, which were “in excess and beyond the security assessments and requirements” of the police and defence force.
This week, the ANC said the determination of the amount to be paid by Zuma should represent the end of the Nkandla saga.
But not so for Makhanya.
According to the SIU, as a result of his “wrongful, unlawful and negligent conduct”, R68 506 106 was paid for work that fell outside what the police and defence force recommended.
Makhanya (45) scored R16.5 million out of the highly controversial R240 million contract spent for “security features”.
The SIU’s relentless pursuit of the now self-employed Makhanya comes three months after he pleaded guilty to tax evasion. However, he claims he has no money to pay a fine.
Makhanya was charged for failing to file his tax returns during the same period he was netting millions from the Nkandla project. He told the court in March that he “would need to sell some tools” to pay off his R10 000 fine, or serve six months in prison.
But the SIU said it would not be deterred by this and that its civil claim against Makhanya was proceeding.
“The matter has now progressed to the point where the SIU can apply for a trial date. As matters stand, pleadings have closed,” said spokesperson Sefura Mongalo on Wednesday.
Makhanya’s legal bill is estimated to be more than R1 million, but government will soon have to foot that bill after the department of public works and the SIU lost against Makhanya in a court bid to access classified documents.
The department opposed the documents being released to Makhanya, citing Zuma’s safety.
His lawyer, Barnabas Xulu, said they were finalising the process of claiming the damages, which were yet to be taxed.
Makhanya said he was ready for an all-out war as he does not plan to be the “fall guy” of this saga. Already charges against three senior public works officials, who were implicated in the saga, have been dropped, leaving Makhanya as the last man standing.
Xulu downplayed the fact that the SIU was still forging ahead, despite his persistent belief that this “mumbo-jumbo case” would collapse.
He has also questioned why the claim against Makhanya was so high, far more than the R7.8 million Treasury decided Zuma had to pay.
“This backfires for a number of reasons. The SA Police Service [SAPS] was responsible for saying this is what is required, but they are not part of this lawsuit. The department of defence was responsible for saying what is required for security issues,” he said.
“The department of public works was the department that had the funds to ensure it carried out the requirement of the SAPS and defence force, but now, basically, what the SIU is saying is that these departments did not order what the public works paid for. And these departments are not even part of this case.”
Xulu said what was even more puzzling was that even public works had requested that it be removed as a respondent to this matter.
Despite Makhanya having money issues, Xulu said he could not drop his client and was confident that all this would end in their claiming more damages from the state.
The next move was to ask for the Treasury report, handed to the Constitutional Court this week, as he believed that report and classified documents in their possession would help give Makhanya a lifeline.
He believes his client was being prejudiced, charging: “How do you sue an individual for such an amount of money?”
Xulu suggested that perhaps the SIU thought that his client would not have access to justice.
“But in our firm, we represent ordinary people. The manner in which the legal system is scripted in this country is that if you don’t have money, then you don’t have access, so we are fighting it head on. We can’t drop him now.”
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