‘Nkandlagate’ law suit postponed

2015-01-27 00:00

AN eleventh-hour request by the Department of Public Works (DPW) to file court papers in connection with “Nkandlagate” led to a postponement of the law suit in the high court here yesterday.

The Special Investigating Unit (SIU) is demanding Pinetown-based Nkandla architect Minenhle Makhanya repay the national Treasury R155 million for his role in the Nkandla overspending.

It was during his time as architect and principal agent in charge of the security upgrades that the costs allegedly soared from an anticipated R27 893 067 in August 2009, ultimately to R246 million.

Makhanya and the DPW, which allegedly appointed him without following proper channels, are both cited as defendants in the law suit.

The case had been set down for hearing in the Pietermaritzburg high court yesterday, but was adjourned for an indefinite period.

Barnabas Xulu — Makhanya’s Cape-based attorney — explained to reporters that the reason was the late decision by the DPW to file opposing papers, which it had not yet done.

“They requested to intervene at the eleventh hour and now need time to prepare and file papers,” said Xulu. He said the case would again be set down once the SIU and Makhanya have had time to reply. He could not say how long that would take.

“I was here and wanted the matter resolved as far as the provision of documents is concerned, which we need to defend ourselves,” he said.

Makhanya did not attend yesterday’s court hearing as his presence wasn’t necessary, he said.

Meanwhile, Advocate Nceba Dukada SC, who appeared on behalf of the DPW, said he believed the matter “should be enrolled again within the next two months”.

Makhanya’s lawyers initially responded to the application by demanding that the SIU provide them with a total of around 40 documents he says he requires to defend himself against the various allegations of misconduct on his part. The SIU subsequently handed over a compact disc with 23 of the documents. The SIU claimed others were in Makhanya’s possession or were classified, did not exist or were irrelevant. However, his legal team maintains all the documents are critical for his defence.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.