A judgment handed down by the South African Special Tribunal has ordered the principal architect of the Nkandla security upgrades, Minenhle Makhanya, to repay R147.27 million to the National Treasury.
The ruling concludes a civil recovery case initiated by the Special Investigating Unit following an investigation into the inflating costs of state-funded upgrades at former President Jacob Zuma’s private homestead.
The court found that the Department of Public Works and Infrastructure appointed Makhanya without following the necessary competitive bidding and public procurement processes outlined in the Constitution. As the principal agent overseeing the project, Makhanya authorized changes that caused the initial approved budget of R27.89 million to increase to more than R216 million.
The judgment determined that Makhanya certified state payments for features that exceeded the official security recommendations provided by state law enforcement agencies. These installations included accommodation units for security staff, a visitor’s lounge, a laundry facility, a lift, a tunnel, a swimming pool categorized as a fire pool, and extensive landscaping.
Makhanya argued in his defense that he acted under the instructions of government, police, and military officials. Judge K Pillay rejected this argument, ruling that Makhanya failed to uphold his professional duties and statutory obligations to prevent wasteful state expenditure.
The exact sum Makhanya must repay to the National Treasury is R147,269,444.06. This final figure accounts for a reduction of R7.8 million to reflect money previously repaid by former President Jacob Zuma for non security features.
Makhanya must also pay interest on the total amount and cover the legal fees incurred by the Special Investigating Unit, which include the costs of two counsel.
The Special Investigating Unit has indicated it will hand over relevant evidence to the National Prosecuting Authority to determine if criminal prosecution is warranted.