The China Mail - Architect Minenhle Makhanya Ordered to Repay R147 Million for Nkandla Upgrades

A special tribunal has ordered architect Minenhle Makhanya to personally repay R147.2 million to the South African National Treasury, concluding a legal battle over his role in overseeing controversial security upgrades at former President Jacob Zuma’s Nkandla homestead.

The tribunal ruled on Wednesday that Makhanya must cover financial losses resulting from his unlawful conduct during the project. The decision follows an investigation by the Special Investigating Unit (SIU), which found that Makhanya authorized and oversaw works that significantly exceeded the security measures identified by the South African Police Service (SAPS) and the South African National Defence Force (SANDF).

The cost of the Nkandla upgrades ballooned from an approved R27.8 million to a total of R216 million. Makhanya signed off on extensive additions that included tunnels with lifts, 20 additional accommodation units, a laundry facility, a visitors’ lounge, basement parking for a clinic, VIP parking, a fire pool, extensive landscaping, and the relocation of 4.5 households.

The tribunal found Makhanya’s appointment to be unlawful, noting there was no open tender, no competitive bidding, and no lawful justification for bypassing procurement rules. He was not listed as a supplier with the Department of Public Works at the time.

Makhanya attempted to defend his actions by claiming he was simply following instructions from SAPS and SANDF. The tribunal rejected this defense, as well as his arguments regarding prescription. Judge K. Pillay noted that while Makhanya did not act alone, he bore responsibility as the architect and principal agent to ensure the state did not incur fruitless and wasteful expenditure.

“It is regrettable that the first defendant stands alone as the person against whom the Special Investigating Unit has launched action, as he clearly did not act alone in allowing the costs of the upgrade at Nkandla to balloon,” Pillay said. “However, as architect and principal agent, he bore the responsibility to ensure that the second defendant did not incur fruitless and wasteful expenditure.”

The amount Makhanya must pay will be reduced by R7.8 million, which former President Zuma had already repaid for non-security upgrades. The SIU stated that evidence of criminal conduct found during the investigation will be referred to the National Prosecuting Authority (NPA).

K.Leung--ThChM