Thursday, January 31, 2013
Nkandla is not a National key Point
The Ministerial Handbook prescribes that a public official is allowed R100,000 for security upgrades and given that this amount was inadequate to complete Zuma’s house, a plan was hatched in silence to increase this amount. Lawyers were engaged to find loopholes to accommodate Zuma, and a perfect plan was conceived, use Apartheid legislation called the National Key Point Act and hide all the skulduggery.
The National Key Point Act (“Act”) states that:
Section 2.2 The owner of a Key Point included in a Key Points Complex shall forthwith be notified thereof by written notice, as well as of the name and address of each of the other owners of Key Points included in the Key Points Complex.
3 Duties of owner in relation to Key Point or Key Points Complex
(1) On receipt of a notice mentioned in section 2 (2), the owner of the National Key Point concerned shall after consultation with the Minister at his own expense take steps to the satisfaction of the Minister in respect of the security of the said Key Point.
For Mr Nxesi to allege that Zuma did not know is false and here is why. For a Key point declaration, the Minister (Mthethwa) had to consult with the owner (Zuma – although factually incorrect since this is tribal land) on the costs of the upgrade for security purpose. The media reported that Zuma was to spend R20 million of his own money, which later changed to R10 million which later changed to R5 million. Now all these amounts are correct and the changes (of amounts to be spent by Zuma) were necessitated by the consultation process as legally required between Zuma and the Minister. The Minister had to legally consult with the home owner, otherwise the expenditure would have been unlawful.
So Mr Nxesi, I dare you to make a sworn affidavit to the effect that Zuma was not consulted about the expenditure and repeat your allegations in affidavit that Zuma was not consulted about the expenditure.
Why should I continue paying taxes when the President thinks he is king. Reminds me of the last king of Scotland, Idi Amin.
For you to now claim proper procurement processes were not followed is actually disingenuous. This upgrade was hidden from the public from the word go. Zuma’s trusted lieutenant, Mthethwa has hidden the project from the public.
In truth, with my limited understanding of the law, it does not appear the declaration of Nkandla as a National Key Point meets the requirements of being classified as a National Key Point. If an airport, a water installation or an electrical substation is sabotaged, the country will not function, hence these places are key points. The Act states that:
Declaration of any place or area as a National Key Point
If it appears to the Minister at any time that any place or area is so important that its loss, damage, disruption or immobilization may prejudice the Republic, or whenever he considers it necessary or expedient for the safety of the Republic or in the public interest, he may declare that place or area a National Key Point.
Nkandla does not meet the criteria to be classified as a National key point. What prejudice will befall South Africa if Nkandla is destroyed, none, zilch, mahala. This was an arbitrary application of the law to benefit Mr Zuma.