Nkandla architect wins secret document
It was first blood to Nkandla architect Minenhle Makhanya as the release of classified documents was granted.
|||Durban - It was first blood to Minenhle Makhanya as the release of classified documents to the embattled architect at the centre of the Nkandla storm was granted in a reserved judgment handed down on Friday.
Makhanya had sought an order from the Pietermaritzburg High Court instructing the Special Investigating Unit (SIU) and the Department of Public Works to disclose certain “confidential” documents which, he maintains, are critical to the preparation of his defence against the SIU’s R155-million claim against him.
The architect claimed the SIU was refusing to allow him access to certain documents on the grounds that they were either classified, did not exist or were not relevant to his defence.
Makhanya maintained that the contents of the documents constituted the foundation of the SIU’s claim against him.
In terms of Judge Mahendra Chetty’s judgment, the department and SIU must hand over security assessments by the SAPS and the SA National Defence Force, as well as all reports of site inspections undertaken by the police and all police requirements and specifications in relation to guard houses related to the Nkandla project.
The court order placed certain restrictions on Makhanya, with Judge Chetty ordering the contents of the documents not be disseminated to any third party, except for strict purposes of litigation in this matter.
Makhanya is being sued for allegedly authorising and overseeing the implementation of improvements and installation of security measures at Nkandla which were “in excess and beyond the security assessments and requirements” of the police and defence force.
As a result of his “wrongful, unlawful and negligent conduct”, R68 506 106 was paid for work that fell outside what the police and defence force recommended. According to Public Protector Thuli Madonsela’s report, Makhanya made R16.5m from the project.
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