key point: President Jacob Zuma’s home in Nkandla is shrouded in mystery as far as its costs are concerned. picture: Gallo Image
MHLABUNZIMA MEMELA AND KHANYISANI NHLANGULELA
The union representing 11 public works department officials implicated in wrongdoing in the upgrade of President Jacob Zuma’s Nkandla home, has threatened that its members would not appear before the disciplinary hearing unless certain secrecy clauses are nullified.
This emerged yesterday when legal representatives for both the department and Public Servants Association (PSA) met in Durban to map the way forward before the disciplinary hearing begins this month.
The officials are expected to appear individually before the hearing in Durban. They are represented by PSA while one under National Education Health and Allied Workers’ Union (Nehawu).
The state paid R246m for the controversial security upgrades and some PSA members have been blamed for the spiralling cost increases.
PSA labour relations officer Roshan Lil-Ruthan said this week that the legal teams representing both the union and department met to try to expedite proceedings of the hearing.
He said the PSA had written to Public Works director-deneral Mziwonke Dlabantu asking him to release their members from certain secrecy clauses and undertakings which they had signed before the Nkandla project started.
“The secrecy clauses were entered into at every meeting where our members were called and certain high-level officials were present when the prestige project was discussed and deliberated.
“One must understand this involves the president’s dwelling, it is a national key point and any information pertaining to this dwelling was deemed classified as a result. All discussions were deemed classified discussions,” he said.
Lil-Tuthan said these classified discussions now formed the basis of their members’ defence. He asked if their members were not released from secrecy clauses, how would they begin to defend themselves at the hearings.
“Our members would have to apply the right to remain silent as a result of the secrecy clauses and the decision will be made without their testimony.”
Public Works legal advisor Phillip Masilo confirmed they had met with the union’s legal team but would not divulge any details. “The meeting took place as requested by the union representing all the employees who are facing charges.
“The matter is still sub judice and we agreed with the employees’ union legal team that we will keep the contents of the discussion confidential for now.”
Masilo dismissed reports that there was a plan to change the disciplinary hearing into a commission of inquiry.
“The department has no such intention. We are going with the disciplinary hearing for the officials,” he said.
The dates have been set for the hearing to resume on November 17 with the union planning to call key witnesses, including public protector Thuli Madonsela and former department ministers.
The media have also been asked to apply for access to the hearing.
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