Introduction
1.1 The President, His Excellency Mr Jacob Zuma, in his report to the National Assembly regarding the security upgrades on 14 August 2014 stated that, “I deem the following to be appropriate: The Minister of Police as the implementing Minister under the National Key Point Act, to expedite the review of this legislation which is currently under way and to report to Cabinet periodically of the progress in this regard; and the Minister of Police as the designated Minister under the National Key Points Act, to report to Cabinet on a determination to whether the President is liable for any contribution in respect of the security upgrades having regard to the legislation, past practices, culture and findings contained in the respective reports”.
1.2 The report also responds to recommendation 5.9 arising from the ‘Ad Hoc Committee to consider the Report by the President regarding the security upgrades at the Nkandla private residence of the President’ adopted by the National Assembly on 11 November 2014 relating to “what constitutes security and non-security upgrades”, as expressed in correspondence from the Speaker of the National Assembly to the Minister of Police, dated 29 December 2014.
1.3 A brief report was submitted to the Speaker of the National Assembly in February 2015 in response to the recommendations as expressed below:
1.3.1 Establishing a technical team of qualified security experts to undertake an evaluation of the existing security features at Nkandla, its effectiveness, and its appropriateness in relation to the Special Investigation Unit (SIU) report; to which the Minister of Police indicated that, a report will be presented before Parliament by the end of March 2015.
1.3.2 Assessing the policy and regulatory gaps relating to securing the private residences of political office bearers; in this regard the Minister of Police stated that the Civilian Secretariat for Police has undertaken a comprehensive review of all policies, legislation (including the National Key Points Act, Act 102 of 1980), regulations, and court judgments pertaining to the national key points. The outcomes of this review highlighted the need for a National Critical Infrastructure Protection Policy. The Policy is currently before Cabinet and will be introduced to Parliament after the Cabinet process has been completed.
1.3.3 A comprehensive review of the National Key Points Act, Act 102 of 1980; in response the Minister of Police stated that the process of reviewing the Act commenced in 2008. Given that conditions had changed significantly since 1980, and a number of policy gaps were detected, it was decided that a National Critical Infrastructure Protection Bill be developed in line with the National Critical Infrastructure Protection Policy, which will seek to repeal the National Key Points Act. The National Critical Infrastructure Protection Bill, which is currently within the Cabinet process, will be published in the Government Gazette, alongside the release of the National Critical Infrastructure Protection Policy, for public comment.
1.4 This report that is tabled before Parliament today is focused on the alleged non security features. The Public Protector had examined all complaints related to the security upgrades of the President’s private residence in Nkandla, and has confirmed that no public funds were used to upgrade the private residence of the President, with the exception of specific features which were listed as questionable, namely the swimming pool, new kraal, visitors’ centre and the amphitheatre. This report presents a careful analysis of each of the features and its purposes, as well as the context that informed its construction. I believe that my recommendation in respect of a determination, as assigned by Parliament, will assist in amicably concluding this matter.
