Madonsela slams Nkandla interdict

The public protector says government’s move is unlawful and unconstitutional.

The upgraded Nkandla homestead in KwaZulu-Natal, which allegedly cost more than R200 million to upgrade. Picture: City Press.

JOHANNESBURG - Government's attempt to interdict the interim Nkandla Report is unlawful, unconstitutional and a violation of independence, Public Protector Thuli Madonsela said in a statement on Monday.

The state's security cluster on Friday turned to the courts to stop Madonsela from releasing her preliminary findings into the R200 million upgrades at President Jacob Zuma's KwaZulu-Natal home.

In court papers, the security cluster claimed a team of legal experts identified a plethora of security breaches, which needed to be examined further before the report could be released.

Government requested more time to examine the document and claimed Zuma's safety would be placed at risk if the report was released.

The state security cluster further claimed Madonsela unlawfully refused to give more time.

In Monday's statement on the matter, she hit back at claims.

Madonsela's spokesperson Kgalalelo Masibi says they're challenging the state's claim.

The spokesperson says the security cluster wrongly assumes it has an automatic right to receive the provisional report.

Masibi said government also asked for an extension beyond the 10 days originally requested.

The public protector's office claims giving the state more time will be an injustice to those affected by the report, would prejudice those implicated in wrongdoing and that it's not in the public interest to do so.

Masibi said Madonsela was already in the process of reconsidering whether to give government more time to comment when legal papers arrived at her office.

A Pretoria court is due to hear the government's interdict application on Friday.

The Public Protector's office released the flowchart below as part of its statement, attempting to show that the state is disrupting procedures.