PRETORIA, Gauteng — In a decisive move to recover public funds, the Special Tribunal has ordered Nkandla architect Minenhle Makhanya to repay over R147 million to the National Treasury. This landmark ruling holds the former principal agent financially accountable for authorizing irregular, non-security upgrades at former President Jacob Zuma’s private residence, marking a major victory for state accountability and asset recovery efforts.
Makhanya, who acted as the principal agent for the extensive homestead renovations, was found liable for approving expenditures on a series of non-security features. These controversial additions included a swimming pool, a cattle kraal, a chicken run, a visitors’ center, an amphitheater, internal road networks, and expansive landscaping.
The tribunal’s judgment detailed severe procedural and financial breaches, noting that the approved payments exceeded market value, covered work that was either left incomplete or could not be properly accounted for, and were executed without securing the mandatory approvals for project alterations. Although the presiding judge acknowledged that Makhanya did not act in isolation, the ruling firmly emphasized his fiduciary duty to safeguard public funds and prevent wasteful expenditure. As a result, the tribunal officially declared Makhanya’s appointment contract invalid and ordered him to cover the legal costs of the proceedings.
Selby Makgotho, spokesperson for the Special Investigating Unit (SIU), confirmed the judgment, describing it as the culmination of a rigorous legal process. The investigation was initially triggered by a proclamation in 2013, with formal probes commencing in 2014. Makgotho explained that the SIU’s mandate specifically targeted the flawed appointment procedures surrounding the contractor, which the tribunal ultimately found to be unlawful and worthy of being set aside.
A central factor in the ruling was the irregular nature of Makhanya’s hiring. Long before Jacob Zuma assumed the presidency in 2009, Makhanya served as a private architect for the Zuma family. When Zuma became head of state, Makhanya was elevated to the role of government architect by the Department of Public Works without undergoing the legally required competitive bidding or open tender processes. The Department of Public Works was named as the second respondent in the application, with the tribunal highlighting that the decision to award the contract blatantly disregarded statutory and legislative frameworks governing public procurement.
Furthermore, attempts to justify the extravagant upgrades as necessary security measures were thoroughly dismantled during the proceedings. Makgotho noted that security assessments conducted at the time by both the South African Police Service (SAPS) and the South African National Defence Force (SANDF) explicitly disagreed with the notion that these non-security features were required for protective purposes.
Makgotho also clarified the financial boundaries of the judgment, noting that the R147 million liability placed on Makhanya is entirely separate from former President Zuma’s own financial obligations. Zuma remains subject to a distinct ruling requiring him to pay approximately R7.8 million for non-security upgrades, an amount for which he has already provided financial security.
With the judgment secured, the SIU is now shifting its focus to enforcement. Makgotho stated that the unit will immediately begin auditing Makhanya’s movable and immovable properties to determine if they can cover the R147 million debt. Should these assets prove insufficient, the SIU is fully prepared to escalate the matter through execution or sequestration proceedings to ensure the state is made whole.
Additionally, the SIU indicated that there remains a legal avenue for Makhanya to disclose the identities of other officials or entities he collaborated with during the project. Such disclosures could allow those complicit parties to be formally joined in the proceedings and held jointly accountable for their roles in the irregular expenditures.
