REPORT BY THE MINISTER OF POLICE TO PARLIAMENT ON SECURITY UPGRADES AT THE NKANDLA PRIVATE RESIDENCE OF THE PRESIDENT 25 March 2015, Page of50ACKNOWLEDGEMENTS I wish acknowledge and thank ‘© The Minister of Public Works for the invaluable contibtion that he made by volunteering relevant documents inthis regard ‘+ The Reference Group and its Members, in particular the security experts therein, who provided incisive investigative ansysis pertsinng to his work; # We are also appreciative of the contibutions of the fre officer of Nkandla ‘Municipality, Mr Niombela and Chief Fie Officer of uMilathuze Municipality, Mr ‘Vumby; cultura expert, Professor Nishangase; the advising architect, Mr. Mla; the IDS technician, Mr. Mlewulo; as wells the advising enginet, Mr. Cyril Gamede; +The President of the Republic of South Aiea fr his cooperation and for providing access to his homestead, and + The Acting Secretary of Police for providing technical, administrative and logistical, supporto this work. PeretsoDew bop MDB PD SANDF SAPS. su SSA ABBREVIATIONS: Department of Public Works Department of Defence Motion Detection Beams Perimeter Inrusion Detection South Ativan National Defence Force South Affican Police Service ‘Supply Chain Management Special Investigations Unit State Security Agency Page 20f500 61 62 63 64 —————— ‘TABLE OF CONTENTS PREFACE... INTRODUCTION. PURPOSE BACKGROUND... METHODOLOGY... ‘THE CRITICAL QUESTIONS. DISCUSSION OF THE FEATURES IN QUESTION. ‘The frepoo! and/or swimming pool so ‘The “Amphitheate"and/or Ground retaining wall “The animal enclosure with culvert and chicken nn ‘The visitors’ center. OBSERVATIONS FINDINGS AND RECOMMENDATIONS CONCLUSION . ‘TABLE, FIGURES, BIBLIOGRAPHY AND ANNEXURES: » Pn 30 37 9 40 a8 45 Pepe 0f80PREFACE, ‘The security upgrades in the Presidential Homestead in Nkandla has dominsied public Aiscourse since November 2011 when the matter fst appeared inthe Mail and Guardian, It {ined momentum after formal complaints were lodged withthe Public Protector fist in December 2017 and then in Ite 2012 after a further newspeper aricle peered in the City Press, ‘The origins and positioning ofthis discourse are important, as they reflect the mindsets and ‘cultural orientation that inform the interpretation ofthe nature andthe validity ofthe upgrades ‘hat wore effected atthe Presidential Homestead in Nkandla “Taking into account, the magnitude and intensity of seratiny thatthe security upgrades atthe [ian Private Residence ofthe President have been subjected to, he scope of this report is confined to the mandate given to the Minister of Police by Parint through te “Ad Hoe Committe: to conser the Report by the President regarding the security upgrades at the ‘Neal private esdence ofthe Preside Page 4050REPORT BY THE MINISTER OF POLICE TO PARLIAMENT ON SECURITY UPGRADES AT THE NKANDLA PRIVATE RESIDENCE OF THE PRESIDENT INTRODUCTION ‘The President, His Excellency Mr Jacob Zams, in his report tothe Nation Assembly regarding the security upgrades on 14 August 2014 stated tha,“ deem she jllowing 10 ‘be appropriate: The Minister of Police asthe implementing Minster under the National Key Point Act, to expelte the review of this legislation which fe exarently underway ‘and to report to Cabinet periodically ofthe progres nthe regerd andthe Minster of Police as the designated Ministor under the National Key Points Act, to report to Cabinet on a determination to whether the President is Hale for any contribution in respect ofthe security upgrades having regard othe legislation past practice, culture and findings contained inthe respective reports". 1.2. The report also responds to recommendation 59 arising fom the‘Ad Hoe Commitse to 14 ‘consider the Report hy the President regarding the security ujgrades at tho Nkandla private residence of the President’ adopted by the National Assembly on 11 November 2014 relating to “what constindesseewity and non-securty upgrades", as expressed in ‘correspondence fom the Speaker of the National Assembly tothe Minster of Police, ated 29 December 2014 ‘A bret report was submited to de Spesker ofthe National Assembly in February 2015 Jncesponse tothe recommendations a expressed below: 1.4.1 Esablishing a technical team of qualified seeurty experts to underake an evaluation of the existing security features at Nkandla its effectiveness, and is appropriateness in relation tthe Special Investigation Unt (SIU) report; whch ‘the Minister of Police indleated that, a report will be presented before Parliament by the end of March 2015. Pages 0850142 Assessing the policy and regulatory gaps relating to securing the private residences of political office bearers; ln ths repard the Mnserof Police sated ‘hat the Chitian Secretariat for Police has undertaken a comprehensive review ofall policies, legislation (including the National Ke) Points Act, Act 102 of 1961), regulations, and court judgments pertalnng tothe national key points. ‘The outcomes of this reviow highlighted the need for a National Critical Infrastructure Protection Polly. The Policy ts curry before Cabinet and ill be introduced to Parliament afer the Cabinet procs hasbeen completed. 1.43 A comprehensive review of the National Key Points Act, Act 102 of 1980; iz response the Miniter of Police sated that the proces of reviewing the Act commenced in 2008. Given that conditions had chaxged significantly since 1980, and a numberof poley gaps were detected, it wes decided that a National (Critical Infrastructure Protection Bil be developed in line with the National (Chticat Infrastructure Protesion Policy, which wil see to repeal the Notional Key Points Act. The National Critica Infrastructure Protection Bll, which is curently within the Cabinet process, will be published in the Goverment Gazette, alongside the release of the National Critical Infastractre Protection Poles, for publie comment. 1.5 This report dhat tabled before Parliament coday is focused oa the alleged non security ‘features. The Public Protector had examined all complains related to the security upgrades of the President's private residence in Nkandl, and has confimed that no public funds were used to upgrade the private residence of the President, withthe exception of specific features which were listed as questionable, namely the swimming pool, new kaal, vistors’ centre and the smphitheatre, ‘This report presents a careful analysis of each ofthe features and its purposes, as well s the context that informed its construction. T belive that my recommendation in respect of @ determination, es assigned by Pariament, will asistin amicably coneluding this matter. Page bor24 22 23 PURPOSE ‘The purpose of this parti o inform Parliament of the outcomes ofthe assesment of the security features in Nkandla, the private residence ofthe President, wih specific. reference to features tht the Public Protector's Report refers to a= ‘nan-seouiy” (Publi Protector’s Report 2014, page 431 par 10.5.1 & page 432; par 10.54), “This report further determines whether the President i liable “or any contibtion in respect of the security upgrades. In responding to the finding ofthe Public Protector in relation i non-securty features, this repr further honours the determination by the “Ad Hoc Commie to consider the ‘Report by the President regarding the securty upgrades atthe Nkandla private residence ofthe President” that,“ .iewould be premature for the commite to make a finding of tundue enrichment prior to the mater having been attended toby the relevant security practitioners consistently with the Cabinet Memorandum of 2003". (Patiament of RSA: Announcements, Tbling’s and Commitee Repors; 11 November 2014; page 2978, par 425. Adhoc Parliamentary Committe: Nkandla securiy upgrades). Page 08803d 32. 33 BACKGROUND ‘The President in his report to Parliament on 14 August 2014 directed the Minister of Police to, among others, make a determination regarding his ficial lability in relation (0 the findings of the Public Protector. The request was followed up by further corespondence from the Speaker ofthe National Assembly onthe 9th December 2014 pertsining 0 security upgrades st the Nkandla private residence of the President, requesting that the Minster attends to the recommendations ofthe Pelimentary Ad Hoc Commitee, ‘There have been various investigative ceports undertaken cogading this mater, all of ‘hich were considered when developing this report. These inclade ‘+ Investigation Report Prestige Project ‘A': Security Measures President's Private Residence; Nkandls, The Department of Public Works (Task Team). 28 Janvary 2013, + The IntersMinisterial Seouity Cluster Task Team Report, 19 December 2013 Secure in Comfort. The Pulie Protector. 19 March 2014 ‘+ Report tothe Speaker ofthe National Assembly regarding te Security Upgrade at the Nkandla Private Residence of his Excellency, President Jacob Zuma. The Presidency. 14 August 2014 + The Special Investigation Unit Final Report to the President of the Republic of South Africa, his Excellency, President Jacob Zume. Speval Investigating Unit (STU). 20 Angust 2014 ‘© Report ofthe Adhoc Committee to consider the Report by the President regarding the Security Upgrades at the Nkandla Private Residence of the President. National Parliament. 11 November 2014 Tr should be noted that « nomber of investigations and subsequent reports have been generated around the security upgrades at the Nkandle Private Residence of the President, amongst which ae listed above. Page of 38It should further be noted that going trough these repots by efferent investigative tums of goverment there are a numberof points of convergmce that emerge. Here under is the summation of points of convergence: ‘he FARCE Taktae Ey Tn 005 Citing Poy plac Sane Finds Sine Figs Tiara dled NTR P| Sane Fe Rela Ray PO A potest "Vian aie Nana KPO Sa Fina Ret dal wih ‘Waon of Sap Cn Pay, Tera | Sane Fags Sane Figs Repsnioes ene Conca Trojexinpopey mange Sa tas Sie Fas Wika wt ope Deed See Fee Seater ‘Wane wi Goreme Tamora | Sans Fas eda oa | Asses Mangenent At (GLAMA) xcs sus Spe css owed | Sane Hains Sa ans ‘able Won fii and Bae WOE | Sas ns Sane Figs lic nl peut No publ. wa wal bald the | Sane age eda war _Prsensbea Tres ene oo evans Tr a | Sas ge Seca poviies Piles © a Wi Te Rela |S Fae ane Figs Find Galore Goa ar apa Ws | Sa nee Tas a |e nent a ae ‘Recommended atthe Namal Rey Poht | Suse Recommendations [ Wo dak Wty ‘tte reaved| (isola) ecaranendel Gat Deparment of PUTS] Sane Resasnoaian | Rata wi Works take sepa any oils tat | (Aled plemented). hve inked procter Review of Goan SCM) W Rago | Sane RESO | USER Giles Aled pleted) Depart af POBIS Waris to gpa | Sane Resmanedon | FETE WB oss to Deparnais GAPS nt DOD) | (Absny implements) esormende hs te evelyn of py] Sane Recent | WoT SSIE WRT onPrsige Prec, (ray pene) Teste apeenest be cared Tao ban Sane Records | HAGE Wak parent of Public Wors aod lagorjant | (Abed) seemed) Tre ‘Suro Panny Ad Hoc Comin Rap, 277 Page of34 Clearly the above table indicates that shere is no dispute smangt the Public Protector, ‘the DPW Task Team, the SIU, and the Parliamentary Ad hoc Commitee Reports that, ‘he security upgrades undertaken in the private residence ofthe State President were necessary. II partes accept that DPW ard the security exties were within their ‘mandates, aswell asthe Constitutional obigstion to do so. 33 Of specifi relevance js the finding by the Public Protector in her report on Nkanle security upgrades that among others, “Presiden JG. Zuma inproperly benefited from ‘the measures implemented inthe name of security which include non-security comforts such asthe Visors’ centr, Swimming pool, Amphitheatre, Cattle Kraal with culvert ‘and Chicken ran.” (Public Protecon's Repest, 2014 page 431; pr 10-53.) 3.6 The picture below depicts the layout of the entie private residence of the President in ‘Nkandia from an serial point of view. This eval view shows te high security zone in red, the outer perimeter fence in yellow, andthe blue point tote actual locaton of the atures in dispute, ‘eno aos wth cur and chlo rn Al foe below th vienna a iver rd ar lcd the highseury sone The hig ery one weld be proves Maton etn Boo Page 10 of3.7 Te is apparent fom varios reports thet the Nkandla ‘prestige projet coe the tte in the ‘region of R216 Million according to Special Investigation Unit. (STU report page par 1 ated 24 August 2014), 438 The Department of Public Works documents show that the shove amount as at December 2012 was confirmed to be at R206 420 64428 (SIU 2014:31 para 111). ‘According to the Chief Financial Offcer (CFO) of Public Wods memorandum dated [November 2012, this amount was divided into two. The frst partion isthe cost ofthe seourity featues which amounted to R71 212 621.77 including consltaney end! or professional fees. The reminder of RI35208 072.51 was the cost of deparmental ‘operational needs, such as the clinic, SAPS and SANDF staff quarters and needs, and ‘constancy fes amongst others, 3.9 Consultancy andor professional fees amounted to R20 688 73649. Therefore the total for security features excluding the consultancy and/or professional fees is [RSO $23 884.88 (page 31, par 112 and 114 of the Deparment of Public Works Investigation Report, 2014). It ppears from the Public Works document that an amount ‘of RIO million was expected to be paid by the President for what was refered to as private expenses. This amount of R10 million was futher reduced to an smount of R3 nillion end no reasonable sad clear explanation was given for how this amount was determined and what led to the reduction. 3.10 Page 207 ofthe sume SIU report under the heading ‘Cill Claims, under elim B par 6, states that “afer his appolnment, Makhanya proceeded to axttoize and oversee the “implementation of mprovements ad he instlletion of security measures at Nkandla i excess of and beyond the security assessments and requirements that hed been determined by SAPS and SANDF, and ata cast far more than tat was approved and budgeted for by DPA 1 further states that Ibhongo consults, who provided civil and structural advice, were paid total of R6 006 497.36, However, this was R255 681.51 more than they should have been psd, according to SIU Report, 2014 page 211, para 30. Page 1050S111 The STU report acknowiedges that “On 28 May 2009 the SAPS visited Nkandla to conduct their frst assessment afer Mf. Zuma had become President. The SAPS then Prepared a fuiher assessment report. The report does noi mention costs This is ‘unsurprising asthe upgrades were to be implemented by the DPR which would also bear the costs of the apprades, save for those specific to the accommodation ‘reguirements ofthe SAPS personel..." This assessment repor vas handed overt the DPW’s ecing DG on 9 June 2009 (STU report dated 20 August 014, page 70; ps2), 5.12 The Prestige Project was conducted as a high security projec, The SIU report page 28 ‘ar 61 suggests that the minutes of mestngs held relevant to this project could not be located and the SIU was informed that the mestings were classified as ‘Special ‘Meetings’ and there were no recordings. These meetings, convened by DPW, were attended by private contactors and/or consultants and officils fiom the following government departments, namely SAPS, DoD snd SSA. 3:13 The adjustments were allegedly presented in subsequent meetings where they would have been approved by various stakeholders prosent. The ane version is that in those ‘meetings further requests for adjusting the scope were recived from Departments or security agencies. The other version from the SAPS, represented by Brig Adendorff, is Ut “DPW held weekly site mectings during which designs changes were discussed and/or made by the private professionals” (SIU report page 171 par 79). 43.14 The facts as contained in the Department of Public Works lnvesigation Repor, 2014, ‘age 34; par 123 thereof, stat thatthe following cntractors did pot go through security clearance processes was a prerequisite, namely; + CA Du Toit (Security), = Tohongo Consultants (CivilStructural Engineers), ‘+ Tangstetnu Consulting (Quentty Survey), + Minentle Makhanya Architects Principal Agen/Architectura Desig), Masta and Cachalia CC(Mechanial Enginee), + IGODA (Etetrical) end Pepe ots+ EMagubane Information Systems (Electonic Detection Sysen), These contractors were limited in terms of understanding explicitly the end users intention and purpose and were therefore nt equipped to make «determination on what constituted private and public costs. 3.15 This argument is supported by Mr. Makhenya, of Minenble Mathanya Architects, who ‘conceded tet he and his team of experts comprised of architec and engincers were not ‘ytd and did not have security clerancs, though they wer cautioned about the sensitivities ofthe project. Accordingly, they were not allowed to Keep any documents related to the project. 3.16 Mr. Makhanys, who is among the persons who was aporcached 10 do. cost determination, stated that he as an architect snot sind to determine how the President benefits from the government sponsored security measures and he believes his engineering team is also not competent in tha fed, however they tried to deliver whet the lint, the Department of Public Works, wanted from them. Thre was no measuring Instrument and for legal bases used to make this determinaten according 10 Mr Makhang. 3.17 Furthermore, the lak of security clearance also meant tha the end-user design and wee of certain feiliies or areas could not be divulged fo the Makhanya team, and hence ‘heir architectural plans named fies differently to those of he security objectives, ‘Basically they ad to design and build certain structures and technicians from the South ‘AGfican Police Service (SAPS) or the State Security Agency (SSA) and the South Afican Nasional Defines Force (SANDF) would therefer come to install their ‘equipment and reconfigure where necessary. This made project minagement and project. coordination dificult and introduced its own se of complications. 43.18 Cost determination could not have been informed by the National Key Ponts Act, Act No. 102 of 1980 as itis not epplicable inthis particular instance. What is applicable is ‘he Cabinet memorandum dated 20 August 2003, which eaters for the security interests Page 38 oF 50ofthe President, Deputy President and Former Presidents & Deputies, It should be further noted that in ine with international best practice, the Cbinet Memorandum does not place a cap an the costs tobe spent onthe protection ofthe above VIPs. 3.19 Furthermore, the Ministerial handbook: is also not applicable inthis case as it only ‘rovides guidelines for benefits and priviloges to which Memters ofthe Executive and ‘heit families are ented to in the execution oftheir duties, By is very nature and character, the Ministerial Handbook excludes the President. Deputy President and Former Presidents & Deputies. 5.20 The Department of Public Works Investigation Report, 2014, page 29 par 104, stats that "sult 6 event from the terms ofthe Cabinet decision and policy approved that he ‘main consideration was the safety ofthe President. It frthr clear that the decision does not place any linit on the amount 10 be spent on the curity upgrades to the residences of sting Presidents and Deputy Presidents as well thelr predecessors.” 3.21 Chapter Five ofthe STU Repost makes reference to various fetures bil in Nkandle thet ate suid to have been inflated in cost price and extended in see, without explicit and necessary approval ofthe Departments concemed, In partculr page 140, STU report; ar 45 sates that "in addition, Mathanye designed and authorised the construction of ‘the 178H fre pool, dhe total amowr pod forthe fre pool ani VIP parkng’s was R 3 964 239" is noed andthe fre pool shal be dst with in ontextheresinder. 322 Of relevance to the above point is Page 7°of the Departnent of Public Works Investigstion Report, par. 23 & 24, which states that “..om 21 May 2009, the professionals of DPW visited the President's residence and prepared scope or ‘proposal on security upgrades to be effected atthe residence. secording to the intial scope by Public Works, the estimated cost wes epproximately R27 million. it should be noted that the initial scope and proposal has no input from the South Aiea Police, Department of Defense or National Intelligence Agency.” 323 The Department of Public Works proposals on security upgrades with the heading “Durban Project A: site vis” dated 21 May 2009, Annexure B refered to above and Page 14050observed that she unnumbered 3 page of this report, under the topic “Archiseturl”, contains list of proposed uperades. One ofthe upgrades that sppear under ltr *F” is 8 "Proposed swimming pool o be used as a reserve for firefighting”. The leer ‘F* ‘epits a swimming po! drawing, in an adjacent eral design of the private residence do of extending 3.24 The intention to build fre pool for Hrefihtng end the conceptual its use by the surounding communities a a swimming facili is captured in the STU report based on ther interview with the then Deputy Minster of Public Works, who stated that; “she had Been imolved in the provision of the frepool, she said the possibilty of building a irepool and possible Building of swimming pool for use by -nevounding commutes bad been diseussed and cost estimate: were tobe prepared. she did not discuss te fre pool with he Present.” IU repor pagel 7 par 98, 5.25 Page 152 par 12 ofthe SIU report epsis to able (pease to the extent hat it “identifies the security requirments 0 iste nthe sscwiyaxesemerts ad compares ‘ent what was ocuallyconsaced”. Int patular bl there is. column hs deals withthe fepoo! andor swimming pool estates that “the frepoo! was not required or requested by the SAPS and SAND but later the SAPS ond the SANDF Incided a frepol as an aerate for ffigting..”. i te original Seurty Evalutin Report bythe SAPS, te issue of icihting capailiy as ised on Page 4 ‘terof, The open wast sours, in other words, « frepoot, has threfore been 2 reurement at varios stages fom design to development and cancion, by dierent roe ples. 3.26 The overriding intent of the upgrades isthe safety and secuiy of the President and Head of iste, It is clear thatthe SAPS hain all its action, ways been focused on ssfety and security needs, 3.27 This report seeks to unpack the security needs as they eppear in various reports and fecuses on the questioned features tha is whether the kral wih culvert, chicken ran, Page 5 of 50328 329 ‘swimming pool, ‘Amphitheatre’ and the visitors’ center as identified by the Public Protector are security features, That is whether they enhence, complement or form part and pel of protective security ‘measures It must be noted that, it does not del with the prject costs, cost inltions, w.vikipedialamshiteatedefniton.com) Thishas been so since the ancient Ramen times, ‘The Parliamentary Adhoc Commitee observed thet “The land om vhich the Presiden's private residence has been developed lesa a gratient of 40 t0 70 degrees Which maies it more susceptible to flooding during storms. Due tothe gradient, all consuction activities such as earthworks and landsceplng. ad 10 include fortifications, buttresses and paving for proper water flow and storm water crainage. "(Parliamentary Ad Hoe Commitee, 2014:2963, para 3.32 and 3.33), ‘As a result ofthe above, e numberof sol retaining walls had tobe constructed atthe private residence of the President in Nkandla to hold the sol and substrate against ‘gravitational pl and storm wes. In this context the sil retenion wall aso caries an access road on top, whichis used by heavy security vehicles for purposes of work ‘within the homestead. Page 406806.54 Below ae pictures of wha is vefared to as an smphithente. The pitre on he lef i an snphithestre designed fr entrtsiament purposes. The pctre onthe hts what has been ‘fered to as an amphitcae at he President's residence in Nkaplla. The ci engineering reports make refrence to both n amphiheace and sil eesti wal. Cal he pete con theright does not resemble n enteric ra. igure 12: Amphitatres the Presa stomata’ = / 655 The Durban Prestige Project A: Motivations end cost alloatons Report states that “due to house and road levels, contours have been designed to control storm water and help with security private lines. Landscaping has been inroduced 19 mate good ‘afler the construction ofthe new security acces road and twnrls and new houses." R &G Consultancy Report dated 11 March 2011, page 22 pa 5.1.6 65.6 In accordance wih the Ibhongo Consulting ce, Provision of Civil Engineering Services report dated 17 April 2012, page 4 under the beading storm water drunage, “The development is around the hillock. Storm woter managemen: wil! be on surface by means af forbs on the road and concrete ad grass lined °V” drains flowing into an ‘attenuation pond on site. All baters are to be protected by grassing and the ‘construction of water each bans. Page 505065.7 There are further proposed paving and landscaping design hat takes into account the ‘geotechnical requirements. The geotechnical report recommends the constuction of ‘various pltforms within the homestead (Bongo Consulting epore, page 6) {658 Various types of sol retention valls are constructed atthe private residence of the President in Nkandla varying from straight walls of approximately 3 meters loping dwarf wal traces. However the straight walls are deemed as inappropriate as ‘thoy provide an intruder hide out. The SAPS Security Evaluation Report, page 3 of 8 lunder the heading ‘llumination” states, “..Proposed security ilkination mast be Instated around the resident in such a way a to ilkminate on dark areas without ‘haminating the residence itself.” 659. In terms ofthe document compiled by R&G Consultancy, pege 19, under the heading “Landscape, one of the motivations for the landscape at the Presidents residence in ‘the area around the Visitors’ Cente andthe security contol room is, "retaining wall is required due to the level dliference and o allow accesso tne securiy control room fn the lower level lighting to step and romp ix introduced for safety and security." 65.10 The height of the step is 0.65 meters whereas the horizontal platform or width is between 0.7m fo L.Smeters. With illumination on the vertical walls, whereas if it was to be used as amphitheater there would have been people seated and obscuring the illumination. Te would be unimaginable tht people would be seated in an aloe gerden with imigation system; this could not be regarded as amphitheater under the cireametance. Page 60650igure 8 Walt bl sing {65:11 The dwarf stepping soil retention walls are the best in terms of safety and security in that it avoids obscurity ofthe view of security persons and doesnot provide hide out for would be intruders. The dwarf stepping walls are prefered in terms of stength and saloy a8 opposed to step sloping single sil retention wal’ that pose danger to persons filling and bresking bones or fling to their death (65.12 The pictures below are regarded by landscape experts asthe best and sustainable method of sol retention “Retaining walls prevent soil and cubstrate from moving because of erosion or gravitational pull” hapa soll retetionmethods za. These are also regarded in landscaping terms as Dwarf Wall Sloping Tere Page 37050{65.13 The stepping up ground retention methods shown above are commended es the best ‘method, also regarded as stronger than single wall retention, single retention walls tend to curve in and crack due to geological and storm water pressure. The RAG Engineers Report sited under te heading ‘Landscaping’ on page 21 tal, “...retaining walls ‘were required due tothe new security access road infrasructire 65.14 The retention walls the private residence ofthe President in Wkandla ad to be strong nd stepping in order to resin ground thst crses the main tomestead internal rod. ‘The positioning of dwarf walls sloping terrace assist in retaining the sol which caries the upper road surice. The upper road is used by heavy duty vehicles ae illustrated below. This includes heavy fre fighting tucks, armored personnel carer, SAPS [Nyala armored personnel cartier and VIP vehicles. Page ato 5065.15 The other specific purpose for the amphitheatre is that it serves as = primary Emergency Assembly Arca, 66 Emergency asembly area 6.6.1 Its important to note thst the homestead dwellers are expected tobe able to get an sssembly point as per emergency dls provided for inthe SAPS Security Evaluation [Report Page 7-Par 17.5"... Consideration must be given ro az awareness programe Jor the families ofthe President as wellas domestic workers." 662. In case of major security emergencies, security drills end demonstrations by law cnforeement officers; as well as emergency services would te able to assemble for briefing and debriefing t this patcalar zone. ee 16 Bergan neni663 The homestead is occupied by = number of people as wells the family members of ‘he President. In case of any fre threats, bomb threat or medical emergencies the ‘cocupans of the homestead would assemble at this petlar area refered to as “amphitheste”, This area hs appropriate signsge and thus provides iluminetion linked to the electrical mains, as wel s the backup genersors. The linkage ofthis area to the backup generator isin line with the SAPS Security Evaluation Report, ‘page 7 of 8 which sites that; ..the proposed new generetcr must be able to supply {enough power to cater for both domestic and security neods within the premises...” 664 The existence ofthe assembly area complies with the Occupational Health and Safety Regulation requires that any dvelling occupied or used for office or ‘accomadation by a aumber of people should have such an sea in order to take stock ‘ofthe occupants and ther conditions during emergency video amphiheate) age 501 12 13 14 1s OBSERVATIONS. ‘Whilst the pursuit of a just and corruption fe socery is nob, this pursuit should be ‘conducted in an objective and far manner so that its very inten! snot undermined. The President is as much of a South Afticen as every other citizen and therefor entitled to the rights that every citizen enjoys: the igh thst are enslvinl in the Consiuion of the Republic of South Affi, 1996 as well as the Bill of Rights. Amongst the fandamental rights are the ight to privacy and the right to Ie is evident from the repors that most of the structures andor tsk teams shat investigate secutyupeaes id nt sara common defintion of what consuts security features and its relevance, For example, te STU dismisses the accommodation forthe SAPS and SAND as non-securiy features, (SIU report 2014 pege 215). 11 is also evident from the available infomation thatthe projet management process ‘as not propely structured and coordinated. Communication within the project team vas por, including communication between security and non-steuity personnel, As a result of which monitoring of implementstion ofthe projet wasnt effective, ‘The SAPS Security Evaluation Report in which some of these faures are requested or implied is proper, well done, and relevant; however, the scuriy advisors could have been explicit and more det would have assisted non- security pessons ‘The manne in which this matter had bees handled in former investigations hes sought to question the credibility and integrity of professionals and experts in their relevant feds. ‘Thete is an implied presumption of impropriety in the Pubke Protectors finding pettaining to an articulation which states tha *..measures iplamented in the name of security which include nowsecwity confets..” (Public Protectar's Report, 2014, page 431, par 105.3). The above articulation amplifies a sense of sugested impropriety on the part ofthe security experts who conducted the inital and ongoing security evaluation at the privat residence of His Excellency, the President age abso7.6 The extent ofthe investigations as wel asthe intrusion into he private residence ofthe President has resulted ina violation of his hts. is family as concomitant suffered the violation and breach oftheir security and safety. It san waprecedented phenomenon the worl over, that a Presidents security and privacy is viol tothe degree tht we ‘have witnessed in South Afia, Pace 0890FINDINGS AND RECOMMENDATIONS With regards tothe firepoo! andlor swimming pool, the securty and fe practitioners Sand that: 8.1.1 Ithas been established thatthe firefighting capacity atthe private residence ofthe President in Nk is not up to the required standards as per the national ie regulations. This is eaused by among others, the low water pressure fom the main ‘water supply, a5 well as insuiicion andlor inadequate firefighting equipment. 8.1.2 The fre hydrant static pressure yields 25 bars, whichis very poor and inadequate, thus insufficient for freCighing. The pressure was found not to be enough to supply the inlet ofthe portable fre pump. 18.1.3 The inspection of the hose reels showed that only rw hoses reels out of 10 are ‘connected to the water reticulation sytem. All the other hse ees did not have water, Some hose reels are wrongly positioned and exposed to extreme weather conditions. Some hose reel drums were found missing snd others appeared to ‘have been damaged by corosion, 8.14 The svimming pool, an open water source, connected tothe suction pump and Hinked to water pressure monitors to be made available on seat the private residence of th President in Nkandla; is known to be the best firefighting water source and as such the most important security feature. 8.1.5 It hasbeen established trough seni an pata demenstrsons thatthe best water source tha is evaiabeon site et Naa is the pool to replenish he fire engine. The po! {is equly to be used in an event he fe beaks out, by deploying te soon pump linking it © monte trough Se bores inode to estingsch fe while te fe tuck is on ts the way. Page d8of5082 8.16 The parable ie pump capable of discharging H600L per mine is supplied with suliient wae, Hor the eile scarce sch a Fire Hyde witha est SOO, The mp was able to adequately supply two grourd monitor, thro separ lines of Gm sameter fre hoses td could reach a dsace of appcximately 80 meters without ssining the pump, and the quay of tow was extremly good. A suction hose ameter of tam was us fortis test 8.1.7 In his regard,» conclusion is avived a that eight hse ras sed tobe connie tothe te eticltion system. More hose rls nod tobe install in oder oimpeove Gre fettngsbiiy. Addtceal See hydrants ned to beaded. A booster pump mest be installed the fre hydrant ice inorder neese the pressure to ates SOQkps. With regards to the new animal enclosure with culvert and chicken ru, the security reposts and analysis established that: 82.1 The relocation and subsequent confinement of ivestoc wis the necessary security arrangement given te introduction ofthe MDB and PIDS technology, {82.2 The new animal enclosure with culvert and chicken ran compliments, enhances and ensures the effectiveness ofthe pecimeter security inffstucture, 8.23 The effective and efficient use of the fence technology would be enhanced by avoiding foreseeable false alarms, 2s well at resultant undentlission of the technology, 18.2.4 The effective and optimal utilisation ofthe fence technology is in compliance with the Public Finance Management Act No.1 of 1999 as amended by Act 29 of 1999, ‘The pactcular section ofthe PFMA refers to the optimal, elfecsive, efficient and economicel utilisation of state resources, 8.2.5 The new animal enclosure with culvert and chicken run complements the entire homestead security and as such sea ertcal security component and fete, Page 406508.3 With regards tothe Visitors’ Center, the security evaluation reports establishes found that: 33.1 This feaure is strategie as well as cruel for easing the physical and information security ofthe Presidents meatings and engngements 48.3.2 The President remains the head of state even whilst on leave or st home. Meetings refered to may vary ffom one-on-one, te ea ee, o delegation, as well as imeractons with local constinuencies. ll the above menioned meetings require ‘citation by protocol officers; a5 wel as security official from visting heads of states andlor delegations. 183.3 The visitor's center t Nkanda is statically postoned ich that it allows for ‘the necessary security separation fom private activities within family dwellings and the Presidents oficial and public engagements at sucha foci. 83.4 The visitor's center consites the most vite security fature and needs to be completed tothe appropiate executive standard a soon a possible. 54 With regards to the ‘Amphitheatre’, repos’ analysis have estublised that there was clear security purpse forts constuction; namely:- = That it serves as an emergency assembly pont” for family and homestead dwellers. ~ That its used for briefing and debriefing purpose by law enforcement and emergency services officers. = That itis retaining soit and substrate forthe soll bak carrying the inner security road, utilised by heavy security and emergency vehicles Further, i has been asserted that stepping sll retention methods enhances safety and Improves security, proves a clear vision of the yard eliminates an intruder hideout; mitigates spsinst dangers of people filling and meiming; prevides an unrestricted Page 50850ou 92 access to the assembly area; lastly, that i r-enforees strength of the upper security road carying emergency and security vehicles, including the VIP armored cars CONCLUSION As the Minister assigned to make a determination on the security upgrades of the Presidem’s homestead at Nkandla and having pad due consideration tothe facts given above, evidence points to the questionable features, namely tht enimal enclosure (ett. ral andlor goat kzaal with culvert and ehicken ran), fte pool (swimming poo), sil ‘etenton wall (amphitheater) and visitors” centre as being security features which are in secordance with the physical security requirements and/or inert. ‘Having considered te strategic importance ofthe homestend national security interest, relevant legislation, scientific and graphical demonstration aiving atthe following ‘carfilly considered decison, is inescapable, that; + the fire-pool and/or swimming poo! i @stategic asset wef in firefighting and therefore, is security feature + the animal enclosure which is made of chicken run keal and culvert keeps livestock away ffom the security infrastructure and terefre these features ‘complements PIDS security fence MDB Technology and ae security imperatives {for fence technology to work. And as such its security ature. © The soil retention wall andior “amphitheatre” have a clear security purpose as an Emergency Assembly Point for the family and honestead dwellers, Soil ‘retaining wal is extical in holding soil and substrate therby reinforcing the soil ‘ban carrying the mer road surface. This area is theefere a necessary security featur, The visitors’ center has to cater forthe Presidents distinguished guest’ mesings snd local constituency meetings. During such meetings privacy and confidentiality is necessary. Page 46 0650‘There are protocol, physical and information security imperatives thet should be ‘observed in hosting such meetings, Therefore the viskor® centri inthis egaed security feature ‘Accordingly, the State President is therefore not liable to pay for any of these sezurty features, 9.3 The outstanding security related work at Nkandla should be funded and completed expeditiously including the re-evaluation af the eurent physical seurity measures. fn this instance the laws and preserits are to be followed to the letter, Both SIU and Parliamentary Commie report alluded tothe urgent need for anew security evaluation tobe conducted atthe President's residence in Nkandla. Page 705010 ‘TABLE, FIGURES, BIBLIOGRAPHY AND ANNEXURES Table Compasison of findings of investigative reports by theublie Protector, the DPW Task Team and the STU Figures Figue 1 ‘Aerial picture of Neandla homestead Figue 2 Povtable fire pump Figure 3 Water monitors Figure 4 Amphitheatre Figure 5: Amphitheatre and/or Sol retention wall Figure 6: Sollretention wall height Figue 7 arf Wall Sloping Terrace Figure 8 Heevy security emergency vehicles Figue 9 ‘Bmnergency Assembly Arca ‘Figure 10: Family raal and New kraal andor Aninal enclosure Figure 11 Existing Family Kraal Figure 12: Perimeter Inruder Detecting System (PIDS) fence technology Figure 13 ‘Thenew animal enclosure with culvert Figure 14 The Culvert Figue 15: The Chicken Figure 16 Visitors' Center Page a 50Bibliography Deparment of Public Wosks,2014, Investigation Report Department of Polis Works, 2009, Proposals on security upgrades*Durben Project A: ste visie™ Goverameat of South Aftcs, 1996, Cnstttion ofthe Republic of South Affica Government of South Aftcs, 1996, Minimum Information Security Standard (MISS) Government of South Attica, 2002, National Statgi Intligence Act Government of South Aftes, 2005, South AStican Police Service Act Government of South Attica, South Aftican Police Service Regulations Goverment of South Aes, 2008, Minimum Physical Security Standard (MPSS) Thongo consulting ce. civil engineting services Report, 2012 ‘Masilo P, 2014, Briefing notes to Minster T Nees, Minister of Public Works Pastament of RSA, 2014, Announcements, Tablng's and Commitee Reports; 11 Noverber 2014; page 2978, pa 4.25. Adhoe Parliamentary committee: Nkandla security upgrades Public Protects reports ‘SAPS Security Evaluation ref $226/2/6(02)2199) over 2001 STU Report e089Annexore List 1 Briefing NotesSecurty Cluster 2 Security Evaluation SAPS Additional Security Messures For The New Development 3 Security Auait SAPS Site Visit To Nkandla Residence on 28/05/2009 4 Explanatory Note Task Team 5 Briefing Notes Public Works 6 Provision OF Civil Engncerng Services Ibbongo Consulting Ce 7 Investigation Report. Public Works 8 Report By Special Investing Unit 20 August 2014 9 Announcement, Teblng And Commitee Reports Paliament 1 November 2014 10. Cabinet Memorandum 10 02003 dated 13 Avgust 2003 11 Nations Seategic Intelligence Ast 39 of 1994 12 South Affican Pie Serie Act 68 of 1995 13. Minimum Information Security Standards Page of 8