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The Presidency, Pretoria, Media Statement, 4 February 2016

 

 

President Zuma has been Consistent on Nkandla Matter

 

A Full Transcript of an Interview Conducted (On 03 February 2016) By Mr
Michael Hulley, Legal Advisor to President Jacob Zuma

 

 

The President yesterday (02 February 2016)  filed with the Constitutional
Court the correspondence which sets out his proposal for resolution of the
matter that comes before the court on the 9th February, which is next week.
That approach is consistent with what had been contained in the President's
affidavit wherein he sets out that he will adopt the findings of the Public
Protector and in so far as there needs to be a mechanism which needs to be
created to determine what is reasonable costs and consequently what would be
a reasonable amount, if any, that the President ought then to pay. There has
been no adverse finding made by the Public Protector that renders the
President culpable on any matter.

 

The President has always sought to implement the mechanism which would
determine whether there's an amount that he ought to pay in respect of the
security features that have been implemented at his residence. He has
endeavoured to engage with the Minister of Police, he has allowed the
parliamentary process to take its course, all of which so he doesn't sit in
judgement over what is in essence his own case. The proposal which sits
before the Constitutional Court at the moment is an endeavour to bring about
a mechanism, using a Chapter 9 institution like the Auditor-General which
would aid and assist if the court deems it necessary in determining what the
audited expenditure was and what the audited contribution then would be that
the President ought to pay.

 

This has been a consistent approach the President has adopted both when he
complied with the Public Protector's directive that he must report within 14
days to Parliament, he set out in Parliament that he would compose the
mechanism to determine those issues. Likewise in filing his papers before
the Constitutional Court in November of last year, 2015, he alluded to the
fact that he has not at any stage failed to comply with the Public
Protector's report.  In those same papers that were filed he set out and
proposed to all the parties and the court respectfully that the adoption of
the use of the Auditor-General, coupled with an official from National
Treasury would be the best independent persons that should be able to make
such an adjudication.  In the draft order that has been filed before court
and in terms of the proposal, the President would abide by whatever amount
has been determined by the Auditor-General and the Treasury official and he
commits himself to that payment.

 

This is not a new approach that has been adopted, the President both in
answering questions in Parliament, coupled with his address, has always said
he would abide by the process. I think where the variance has been as to
what that process must be and who would be engaged in that process. We've
had various commentaries about the role that the Minister of Police has
played and so on and so forth. The indubitable fact is that as the
consequence of the Public Protector's report, Cabinet has reviewed its
policy and has adopted in accordance with the proposals that have been made
by the Public Protector, new measures to ensure that there is public
accountability for the expenses that are incurred in respect of the Members
of the Executive. Equally the President by proclamation through the SIU, has
ensured that the investigations will proceed as a consequence of that the
civil claims have been brought against those parties who in the judgement of
the SIU are culpable for payments that need to be made to the State. We have
also seen various departmental inquiries that have ensued where the conduct
of officials have been examined also flowing from the Public Protector's
report. And as I said all of this was contained in the report which the
President had submitted in accordance with the Public Protector's wish to
the Parliament and these are the on-going measures. So this intervention
which the President seeks to make in the Constitutional Court is consistent
with the approach that he has displayed and it's an effort to bring about
accountability and responsibility on the part of the Executive in respect of
its conduct.

 

 

To view the interview with Mr Michael Hulley, Legal Advisor to President
Jacob Zuma, click here: http://bit.ly/1RZUw53

 

To view President Zuma as he answers questions in Parliament on the Nkandla
matter, click here: http://bit.ly/1nOH7AL

 

 

Issued by:

The Presidency, Pretoria

 

Enquiries:

Bongani Majola on 082 339 1993 or [email protected] 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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