News Desk Reporter
A former architect involved in the Nkandla security upgrades has been ordered to pay the state R147,269,444.06 after the Special Tribunal found that his appointment and conduct on the project were unlawful.
The Special Investigating Unit (SIU) secured the judgment against Minenhle Makhanya on Wednesday, 26 August 2026. Makhanya was the architect and principal agent responsible for the project at former president Jacob Zuma’s private residence in Nkandla, KwaZulu-Natal.
The amount represents the financial loss suffered by the National Department of Public Works (DPW) as a result of unlawful conduct linked to the project.
The Nkandla upgrades followed security assessments by the South African Police Service (SAPS) and South African National Defence Force (SANDF) after Zuma became president and became entitled to state-funded security for himself, his family and his private residence.
DPW initially approved R27,893,067.46 for the project, but the cost later ballooned to R216,010,478.24.
The Tribunal found that Makhanya’s appointment was not preceded by a competitive bidding or open tender process. It also found there was no emergency or other lawful reason to bypass procurement requirements, while Makhanya was not registered as a DPW supplier when he was appointed.
Makhanya’s appointment letter was issued on 27 August 2009.
The SIU found that he later authorised and oversaw works that went beyond the security requirements identified by SAPS and SANDF.
These included tunnels with an exit, three lifts, 20 additional accommodation units for security personnel, a laundry, visitors’ lounge, basement parking, VIP parking and a fire pool.
The project also included the relocation of 4.5 households, internal roads, air conditioning and extensive landscaping in the high security area.
The additional structures and works came to R68,506,106.
The Tribunal found that Makhanya authorised and certified payments for structures and services that were not required by the security assessments. He also failed to obtain the necessary written approvals for variations and overdesigns, certified payments above market-related costs and approved payments for work that had either not been performed or had not been properly accounted for.
The Tribunal further found that Makhanya authorised payments totalling R54,825,513 to Moneymine Investments 310 CC and Bonelena Construction and Projects (Pty) Ltd, contrary to contractual requirements to safeguard DPW’s interests.
Makhanya was found to have breached statutory, professional and contractual obligations under the Architectural Profession Act, the applicable Code of Professional Conduct, DPW’s Manual for Architects and the Joint Building Contracts Committee agreement.
The Tribunal rejected his argument that he acted within his authority by implementing instructions and decisions from SAPS and SANDF. It also rejected his arguments relating to prescription and time-barring.
Judge K Pillay acknowledged that Makhanya was not the only person involved in the escalation of the Nkandla project, but found that his role as architect and principal agent placed responsibility on him to protect DPW from fruitless and wasteful expenditure.
“Regrettably, the first defendant (Makhanya) stands alone as the person against whom the Special Investigating Unit has launched action, as he clearly did not act alone in allowing the costs of the upgrade at Nkandla to balloon,” Pillay said.
“However, as architect and principal agent, he bore the responsibility to ensure that the second defendant (DPW) did not incur fruitless and wasteful expenditure.”
The Tribunal declared invalid the contract concluded on behalf of the then DPW director general for Makhanya’s appointment.
Makhanya was also ordered to pay the legal costs of the proceedings, including the costs of two counsel. The judgment amount attracts interest from the date of the judgment until it is paid in full.
The SIU accepted a submission that reduced its claim by R7.8 million. The amount relates to money repaid by Zuma as a contribution towards non-security-related upgrades and will be deducted from the amount Makhanya must repay.
The SIU said the judgment forms part of its efforts to recover public funds lost through unlawful conduct and strengthen consequence management in the public sector.
Any evidence of criminal conduct uncovered during the investigation will be referred to the National Prosecuting Authority for further action.