When Members of Parliament inspected President Zuma’s Nkandla home last year, it was clear someone had skimmed money off the top of the R250-million upgrades. There were the non-security related issues – the cattle kraal, the swimming pool, the amphitheatre – but they, along with the security-related developments designed to protect the president, were so shoddy even MPs who demanded the president account for the undue benefits were shocked at the workmanship.

Zuma’s defenders used the site visit as evidence that the president was duped, that the cost escalated without his knowledge. It was like a dodgy RDP housing deal – contractors had made their profits by cutting corners. Developments at Nkandla were so bad that goats roamed the residences built to house those who protected the President of the Republic of South Africa.

The office of the ANC Chief Whip to Parliament last August backed a finding by the ad hoc committee on the police minister’s Nkandla report. “Through the corrupt collusion of officials and private contractors, the prices were grossly inflated, there is visible shoddy workmanship across all upgrades, and cheap materials used on facilities do not correlate with the amount of money the state paid. The report calls for those responsible for deviations from the PFMA and the plunderers of the millions of taxpayers’ money to be pursued to ensure that every cent stolen is paid back.”

The same press release denied Zuma should pay back any of the money, which was later proved wrong by the Constitutional Court. But that doesn’t take away from the likelihood that despite Zuma’s undue benefits, others appear to have enriched themselves. (Zuma’s upgrades look like he did them himself after getting a drill for Father’s Day.)

The president has been ordered to pay back the money, but many others involved have been let off the hook. Many of the officials the ANC called for prosecutions against have been pardoned, except for one man. After the Public Protector’s Nkandla investigation, parallel reports, supported by the ANC, exonerated Zuma but called for the charging of those who might have inflated their prices and delivered shoddy work.

As Daily Maverick reported on Tuesday, cases against one-time acting public works director-general Solly Malebye, acting director-general Sam Vukela, and acting director-general Siviwe Dongwana, have been dropped. “On 28 July 2015, all these cases were nolle prosequi (declined to prosecute) by the National Prosecuting Authority. The Directorate for Priority Crime Investigation wishes to put on record that there is no investigation against Mr M Makhanya,” Police Minister Nkosinathi Nhleko said in reply to a question in Parliament.

DA shadow minister of public works Patricia Kopane on Tuesday said the party will request the record of decision on the NPA’s choice not to prosecute from the NPA. “It is of national importance that the public receives an explanation from the NPA for this latest turn in the Nkandla scandal. Nkandla has caused too much damage to South Africa and has cost tax payers too much money already,” she said.

Some media houses falsely interpreted the reply as Nhleko saying charges laid by the NPA against Nkandla architect Minenhle Makhanya had been dropped. In fact, he was never criminally charged. The Special Investigations Unit is pursuing civil claims of R155-million against Makhanya, a lumped sum far in excess of what he was paid for the Nkandla developments that attribute almost all contractual wrongdoing solely to the architect.

That civil case has been held up apparently due to disputes over access to classified and confidential Nkandla documents, but the fact remains, while public works officials have apparently been let off the hook for their involvement, Makhanya is the last fall guy.

There are disciplinary cases pending against 12 mid-to-lower level public works officials, which the media recently gained access to witness. We’ve seen this before, with officials apparently rewarded for their silence. Given their likelihood to buckle under pressure, the Nkandla allegations, beyond what the Public Protector said, fall on Makhanya. It’s unlikely he’ll sell out those who made him rich, but as the noose tightens he might be forced to spill the beans. DM

Photo: The Nkandla project’s architect, Minenhle Makhanya (Sapa)