PRETORIA, Gauteng — The Special Tribunal has officially ordered Nkandla architect Minenhle Makhanya to repay more than R147 million to the National Treasury, marking a significant conclusion to a protracted legal battle concerning irregular expenditures at former President Jacob Zuma’s homestead.
Makhanya, who served as the principal agent on the controversial upgrade project, was found to have approved payments for a range of non-security features. These upgrades famously included a swimming pool, a cattle kraal, a chicken run, a visitors’ center, an amphitheater, internal roads, and extensive landscaping.
According to the tribunal’s findings, the approved payments were above market value, covered work that was either incomplete or could not be properly accounted for, and were executed without the necessary approvals for project changes. While the judge noted that Makhanya did not act alone, the ruling emphasized his direct responsibility to protect public funds and prevent wasteful expenditure. Consequently, the tribunal declared Makhanya’s appointment contract invalid and ordered him to pay the legal costs of the proceedings.
Selby Makgotho, spokesperson for the Special Investigating Unit (SIU), confirmed the outcome, noting that the judgment is the culmination of an investigation that began in 2014 following a 2013 proclamation. Makgotho explained that the SIU’s scope specifically targeted the appointment procedure relating to the contractor, which was found to be unlawful and subsequently set aside.
Makgotho highlighted that Makhanya did not appoint himself, but rather was elevated to the role of government architect by the Department of Public Works without following mandatory competitive bidding processes. Prior to former President Zuma’s ascension to the presidency in 2009, Makhanya had served as a private architect for the Zuma family, creating a conflict of interest that bypassed standard statutory and legal frameworks. The Department of Public Works was cited as the second respondent in the application, with the tribunal pointing to fundamental flaws in the department’s decision-making and governance at the time.
Furthermore, the SIU emphasized that justifications for the upgrades based on “security threats” were unfounded. Security assessments conducted at the time by both the South African Police Service (SAPS) and the South African National Defence Force (SANDF) did not agree with the view that such extensive non-security features were necessary for protective purposes.
Makgotho clarified that this R147 million judgment is separate from former President Zuma’s own financial liabilities. Zuma is subject to a separate ruling requiring him to pay approximately R7.8 million for non-security related upgrades, for which he has already offered security.
Moving forward, the SIU will focus on enforcing the judgment against Makhanya. “We are now going to look into Mr. Makhanya’s movable and immovable properties to determine if they can satisfy the R147 million rand judgment,” Makgotho stated. Should the assets prove insufficient, the SIU is prepared to pursue further legal avenues, including execution and sequestration, to ensure the state recovers the lost funds.
The SIU also expressed hope that Makhanya may still legally indicate which other parties he was working with during the project, which could allow those entities to be joined in the proceedings and held accountable for their roles in the irregular appointments and expenditures.
