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Allo Allo
 
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Nkandla - Public Protector is wrong

20 March 2014, 10:51
I believe that some of the findings of the Public Protector pertaining to Nkandla are wrong and can be successfully reviewed and set aside.  It is common cause that no tender process was followed and that been so, the Constitution of the republic requires that all state procurement must be competitive, cost effective and transparent and  therefore given that no open tender was followed, the entire procurement and payment to suppliers is void.  The State should proceed with recovering money from all the subcontractors who in turn will have to sue Zuma, Mthethwa and Nxesi for unjust enrichment.
In addition, it is common cause that the architect was appointed by Zuma and therefore the Public Protector should have also found that Zuma is liable to pay the architect.
As for misleading parliament, Zuma as the head of State and owner of the property cannot claim he made an honest mistake.  The statement that the Zuma household paid for the upgrades was to his knowledge false.  He knew fully well that there was a pool, chicken culvert, kraal and paving which enriched him and his statement to parliament was not "an honest mistaken" and even if it was, its consequences are the same as it had the effect of misleading parliament.  
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