Pretoria - The Justice, Crime Prevention and Security (JCPS) Cluster today submitted comments relating to the Public Protector’s provisional report on the Nkandla upgrade.
“These comments reflect that government has acted in good faith to uphold national security and the security of the President of the Republic of South Africa,” said Acting Government Communication and Information System (GCIS) CEO Phumla Williams on Friday.
In a statement, she said government will await the Public Protector’s process around this report and notes that the Public Protector indicated in court that a clear process will be outlined publicly.
Earlier today, government had undertaken to pay the legal costs of the court action which sought an extension to submit comments on security concerns on the provisional report by the Public Protector.
The Public Protector Thuli Madonsela produced an interim report on her investigation into allegations of misconduct to the installation and implementation of security measures at the residence of President Jacob Zuma in Nkandla.
Government’s security cluster had last Friday approached the North Gauteng High Court to request reasonable time to study, analyse and give comment to the interim report.
The application was postponed until 15 November – today - as Madonsela had requested a postponement to respond to the application.
Justice and Constitutional Development Minister Jeff Radebe said at the weekend that the interim report was a document of 357 pages, which contained matters relating to national security and security of the President as the Head of State and that it was critically important that the security cluster was afforded sufficient and reasonable time to study the report and provide comments on sections that may be of security concern.
The ministers in the security cluster received the provisional report from the Office of the Public Protector on 1 November, along with a letter stating 6 November as the deadline for comment. This effectively gave the security cluster three working days to study the report and give comment.
On 4 November, Public Works Minister Thulas Nxesi requested an extension of time to submit written comments by 15 November, which would have afforded the ministers 10 working days.
“On 5 November, the Public Protector declined the request and granted an extension of two days, giving the security cluster until the 8th of November 2013 to respond. The Public Protector went on to state that she will proceed to release the provisional report on Saturday the 9th of November 2013 regardless of whether she receives our comments or not,” Radebe had explained.
On the 7th of November 2013, another request was made to the Public Protector to grant a deadline extension to the 15th of November 2013, to which the Public Protector did not respond.
Radebe said the ministers in the cluster were left with no choice but to seek the intervention of the courts.
However, today the ministers withdrew their court action and as a result undertook to pay legal costs in the matter, in accordance with the rules of the court.
“Government’s response on security issues associated with the Public Protector’s report will be submitted to the office of the Public Protector by close of business today, Friday November 15 2013. After submission of its response, government will be guided by how the Public Protector deals with the matter moving forward,” said the cluster in a statement this afternoon following the withdrawal of the application.
It added that it was standard practice for any litigant to review its stance when the objective of the litigation has been achieved. In this instance, they had been given the opportunity to submit comments by today.
“Beyond realising this extension, any protracted court action would have amounted to an academic exercise,” said the ministers. – SAnews.gov.za
