The more business owners emigrate, the worse the consequences for job creation, says Solly Moeng.
Public Protector Thuli Madonsela has challenged ordinary South Africans, telling them that if they think the Constitution is being trampled on, they should do something about it.
Last Question: Why not approach the court
to make final decision on Nkandla?
“I will go under extreme circumstances. I
believe the people of South Africa have to protect this office. I am in this
office temporarily If the people of South Africa feel that the Constitution is
being trampled on... let the people do something about it"
Q: Do you think your office has just become a 'political football'?
“In terms of executive ethics, members act
only MPs can refer matters to the Public Protector.
“I didn't make that decision, the
architects of our Constitution did that.
“It has been members of opposition and
governing party who have lodged complaints with us.
“If somebody can tell me what is it we do
that makes this office a ‘political football’, I’d love to know.”
“The issue about me retweeting...”
“My retweets are not endorsements. I
have retweeted things when people are insulting me.
“I retweet to inform people and share
“If I like an idea or agree with an
idea I favourite the tweet..."
Q: Why have you not been invited to
“I have not been given any reasons why I
have not been invited to Parliament.”
“My understanding is that they just have to
engage us, even if they don’t necessarily agree with what I say.”
Madonsela: we've never said a swimming pool could not extinguish fire. A swimming pool is water. @eNCA #Nkandla— Karyn Maughan (@karynmaughan) August 3, 2015
Madonsela: we've never said a swimming pool could not extinguish fire. A swimming pool is water. @eNCA #Nkandla
"Somebody has to still persuade me what part of my report is unsound," says Madonsela.
"No new information has come to us."
Madonsela: “There's been a lot that has
been said about the report but none of it goes to specific pages.”
Interesting thing about the criticism is it's very wide.
“I'm not aware of what part of the report
Question on further spending: Do you
believe more money should be spent on Nkandla?
Q: Ad hoc committee said your report was
not sound... do you stand by your report?
Q: Nkandla left to neglect, is this cause
just for further investigation?
Q: If there is a refusal to hear you, what
does it mean in your mind for the legitimacy of this investigation?
“I still don’t think I should take legal
action (if Parliament doesn't allow her to come speak),” answers Madonsela.
“I indicated some gaps in the entire
process and clarified some misunderstandings.
“I don't know why the first ad hoc committee
excluded my input.
“You cannot do to the Public Protector what
you cannot do to the IEC or AG.
“Hopefully after this conversation today
the speaker will advice her colleagues.
“I'm not saying that the secure in comfort
report is the reason we haven't received money.
“This office desperately needs resources.
“From Parliament I have not received
letters of acknowledgement for letters I have written to the Speaker.
“Presidency has sent letters of
acknowledgment and we have had correspondence.
“The president responds to our letters.”
“This office and other integrity institutions
have an enormous roll to play.
“I appeal we stop personalising matters.
“This is important for government to play a
central role in driving delivery.
“I once again advise that my office is
available to assist the National Assembly... by presenting an overview of the
report or answering any questions about upgrades to the president's home."
Madonsela going through how her office has
been treated since the report was released...
“My team and I are concerned the safety valve
our office is to provide is being eroded.
“This office's ability to strengthen Constitutional
democracy is being eroded.
“Honourable Speaker in the doc building a
united nation... the provision regarding the Public Protector stated that the
Constitution shall empower the poor and vulnerable and so set up the SAHRC and
the Public Protector.
Following up on remedial action on the
secure in comfort report has been done...
“It wasn't targetting the presidency,”
“Honourable speaker, the bickering which
has included support of this office's request for more funding...
“I'm appealing to the National Assembly to
collectively exercise leadership
“Since the bickering started, we are
witnessing worrying defiant trends.”
“There is no legal basis for setting us an
internal executive structure to re-investigate matter dealt with by chapter 9
“This does not mean that the president or
another institution affected by a Public Protector report may not seek advice
in assessing a report of a chapter 9 institution in view of engaging with such
“The proper process is for the president to
evaluate what the minister says to him and go back to Parliament to give a full
account to Parliament.
“I would like to place on record... that
nowhere does the Public Protector report advice the president to engage the
minister of police with a view to determine a fair amount to be paid by him.
“I further place on record that the
appropriate paragraph asked the president to make the determination himself
with the help of National Treasury.”
Visitor’s centre - issue is not size or opulence
“The issue is its justifiability on 2
grounds, necessity to procure it and authority to procure it.
“It was not listed by the authorised
security experts after threat assessment.
“It was an item requested by presidency in
“During inspection in loco there was an
unused building which could have done the same job.
“Issue was it was not security experts who
Kraal, chicken run
“The president never denied asking for a
“He has further never denied stating that
this was one thing he was prepared to pay for.
“My determination that it was not a
security feature was because it was not on the list... which guided the
upgrading of the security of homes of presidents, former presidents etc.”
"The label was given by the task team and
It is them who indicates the amphitheatre
is for dual purpose gatherings and soil retention"
“Such names appear in the architectural
designs, minutes, memos and docs.
“The swimming pool - In the minutes and doc
the swimming pool is referred to as a swimming pool.
“In the minutes, request from presidency to
convert fire pool to swimming pool. As minutes progress the item is flagged.
“We later find the fire pool had been
converted to the ‘fire pool’.
“There was an amount to be paid by the
owner for the conversion."
Authority for naming and classification of
items for security and non-security features.
“We didn’t impose ourselves as
investigators as experts on what is a security item and what is not.
“There are instruments created to help
security experts determine what is to be installed.
“A simple reading of the Secure in Comfort
report would show it was the task team which installed the items and named them.”
Madonsela is now addressing the suggestions
her report targets the president...
“The report and all our reports examine all
functionaries who played a part or had to have played a part in determining
what was to be procured.
“If you look into the report... we deal
with findings against all the ministers and deputy ministers involved.
“The presidency has been asked about
progress in this area as we have done in other reports.
“Unfortunately no progresses have been
“The report identifies all key players in
“I also took into account the
determinations made by authorised security experts from security services," says Madonsela.
“My answer regarding whether or not the
president should have done something to stop or enquire... was yes the
president should have done something.
“Finding that Zuma and his family had
unduly benefitted was nothing to do with president making admissions.”
Another issue - the key findings made, and
remedial action relating to the president.
"Key findings on the president's conduct...
relate to the president having been alerted to irregularities as early as 2009."
#Nkandla Madonsela says Zuma was given report before it was made public. All was in line with the law.— EWN Reporter (@ewnreporter) August 3, 2015
#Nkandla Madonsela says Zuma was given report before it was made public. All was in line with the law.
“Finding that Zuma and his family had
unduly benefitted was nothing to do with the president making admissions.”
“According to section 8 of the Public Protector
Act, there is no obligation of the public protector to submit any report to
“This office has never failed to present a
"Parliament's role is oversight and not
Media briefings - the practice of releasing
Public Protector reports through media briefing has always been set and is a
"It ensures openness and transparency.
"The report was given to Zuma before it was
released to the public."
“It is not contemplated that any reasonable
person could reconcile such conduct with constitutional requirements.
“I have asked you to look into the matter
[speaking to the Speaker].
“I'm not saying that a committee would be
asked to investigate the matter or review my report.”
"The independence of the Public protector
will be vital to ensuring effective, accountable and responsible government.
I can also not imagine a discussion of the
AG or IEC report without engaging with these institutions.
I also can't imagine members of the
National Assembly making disparaging remarks without engaging them."
"Honourable Speaker, in view of the
establishment clause of the Public Protector... there is no additional, or special
accountability for the Public Protector"
Madonsela compares her office with that of
the IEC and AG.
"None of these (IEC, AG) have had committees
established to do counter audits or probes."
“People will have faith in the office if they
know the public protector will act impartially and protect their rights.
“Public needs to believe the Public
Protector will not be influenced.
“I wonder if the political conduct we have
seen is consistent with the NDP.”
Madonsela is clearly angry. #nkandla— Karyn Maughan (@karynmaughan) August 3, 2015
Madonsela is clearly angry. #nkandla
Madonsela says she wants to respond to "utterances my office views as misstatements of my report" #Nkandla @eNCA— Karyn Maughan (@karynmaughan) August 3, 2015
Madonsela says she wants to respond to "utterances my office views as misstatements of my report" #Nkandla @eNCA
#Nkandla Madonsela is explaining 10 major lines of attack against her report. First of these is why she released it through the media.— Alex Eliseev (@alexeliseev) August 3, 2015
#Nkandla Madonsela is explaining 10 major lines of attack against her report. First of these is why she released it through the media.
Speaking to the national assembly,
“This is not my preferred medium to address
"The house decided not to invite me to
address Parliament on this matter.
On Thursday evening, Parliament’s Nkandla ad hoc committee used its
ANC majority to vote against calling Madonsela to be questioned about
her report into the R246 million upgrades to President Jacob Zuma’s rural KwaZulu-Natal homestead.
Addressing the ad hoc committee on Thursday, ANC Chief Whip Mathole Motshekga said Madonsela had misled South Africa about Nkandla.
should not, and cannot, apologise when we say the report of the public
protector is misleading and has misled the nation,” he said.
#Nkandla PHOTO Thuli Madonsela has arrived. About to start briefing. pic.twitter.com/VbmftolPos— Alex Eliseev (@alexeliseev) August 3, 2015
#Nkandla PHOTO Thuli Madonsela has arrived. About to start briefing. pic.twitter.com/VbmftolPos
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