Makhaya’s lawyer wants papers on Nkandla project

2014-09-04 00:00

PRESIDENT Jacob Zuma’s architect, Minenhle Makhanya, has begun his battle against the R155 million lawsuit filed against him by the Special Investigation Unit (SIU).

Makhanya’s lawyer, Barnabas Xulu, this week filed ­papers in the Pietermaritzburg high court demanding the SIU make available a list of documents within five days that they need to defend the case.

According to the papers, the listed documents are considered “relevant to reasonably anticipated issues” in the case.

Makhanya’s lawyers want to be allowed to make copies or transcriptions of them.

The documents they want are:

• A cabinet memorandum adopted by the national executive in 2003.

• South African Police Service (SAPS) report on the security assessments performed.

• South African National Defence Force (SANDF) report on its security assessments.

• All reports of site inspections undertaken by SAPS.

• All reports of site inspections undertaken by the SANDF.

• All documents indicating the Department of Public Works (DPW) determination of precise and estimated costs (relating to the Nkandla project).

• Proposal document presented by SAPS to the minister of Safety and Security, for his consideration and approval.

• Approval by the minister of Public Works for the costs of the security measures.

• Proposed security measures and costs document presented by SAPS to DPW.

• Cost estimate document submitted by N. Mbukushe (ex-director of Public Works), to the Planned Maintenance Budget Committee (PMBC) of DPW in 2009.

• PMBC authorisation of the budget.

• Supply chain management policy and procedures of the Department of Public Works.

• Request and motivation provided by DJ Rindel of the DPW to appoint Makhanya (as architect).

• List of registered suppliers and database details of the Department of Public Works as per August 2009.

• Department of Public Works internal memorandums, planning instructions and bidding documents for all the consultants and contractors on the Nkandla project. Also required is a record of all the names of the adjudicating committees and records of decision.

• All contracts concluded between the Department of Public Works and each of the consultants and contractors in relation to the security upgrades in the Nkandla project.

• All records indicating the agreed billing rates between DPW and the consultants and contractors.

• All DPW memorandums, internal communication documents and authorisations in respect of bills of costs submitted directly by Makhanya.

• All bills of quantities, materials specifications and sizes approved between 2007 and 2012 for the Prestige Projects, particularly the guard houses, control rooms, on-site clinics, staff houses, crew pavilions, fence, specialised glass and glazing for Kings House/Dube House (Durban), Genadendal (Cape Town), Mahlamba Ndlopfu (Pretoria) and the Union Buildings (Pretoria).

• All SAPS requirements and specifications in relation to guard houses.

• Attendance registers of all DPW convened meetings, and minutes relating to the Nkandla project, including meetings held with SAPS and SANDF and Makhanya between August 6, 2009 and December 2013.

• The same as the above for all SAPS convened meetings on the Nkandla project.

• All declarations of secrecy and confidentiality signed by representatives of the DPW, SAPS, SANDF, and Makhanya.

• All signed progress payment certificates relating to the Nkandla project.

• All cost estimate reports prepared by the Nkandla Project quantity surveyor.

• All DPW internal memorandums and internal communications relating to the cost estimate reports.

• All DPW authorisations of the cost estimate reports.

• Motivations and cost allocation reports on Nkandla from 2010 to 2011.

• DPW architects manual.

• All drawings authorised by SAPS, SANDF and the Department of Public Works.

• All variation orders submitted to DPW for approval, including motivations.

• All documents and materials relied on by the SIU to compile the claim against Makhanya.

• All documents and materials the SIU bases its allegations of excessive payments and above market-related payments, on.

• SIU final report on Nkandla, dated August 2014.

• DPW payment processing documents (authorising and signed certificates), which facilitated various payments.

The R155 million lawsuit charges Makhanya and the DPW with authorising construction and security upgrades to Nkandla “far beyond” those budgeted for by the SAPS and SANDF.

He is also accused of massive overcharging and authorising payments for work not done.

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