JOHANNESBURG, Thursday 27 August 2026 — The Special Tribunal has ordered Minenhle Makhanya, the architect and principal agent responsible for security upgrades at former president Jacob Zuma’s Nkandla residence, to repay more than R147 million to the National Treasury after finding that his appointment and conduct on the project were unlawful.
The judgment, delivered on Wednesday, orders Makhanya to pay R147,269,444.06, representing losses suffered by the Department of Public Works during the project.
The tribunal also declared the contract under which Makhanya was appointed invalid and ordered him to pay the costs of the proceedings, including the costs of two counsel.
The Special Investigating Unit said its investigation found that the Nkandla project’s initially approved cost of about R27.9 million ultimately increased to more than R216 million after Makhanya was appointed principal agent.
Makhanya’s appointment in August 2009 was not preceded by a competitive bidding or open tender process, according to the SIU.
The tribunal found there was no emergency or other lawful justification for bypassing procurement requirements and that Makhanya was not listed as a supplier with the Department of Public Works when he was appointed.
The SIU said Makhanya subsequently authorised and oversaw works extending beyond security measures identified by the South African Police Service and South African National Defence Force.
Those works included tunnels and lifts, additional accommodation for police and soldiers, a laundry facility, visitors’ lounge, basement and VIP parking, the fire pool, internal roads, air-conditioning and extensive landscaping.
The tribunal found that Makhanya breached statutory, professional and contractual obligations governing his work as architect and principal agent.
It rejected his argument that he had acted within his authority by implementing decisions and instructions from the police and defence force.
Judge K. Pillay also acknowledged that responsibility for the escalation of the project did not rest with Makhanya alone.
The judgment said it was regrettable that Makhanya was the only person against whom the SIU had instituted the proceedings because he “clearly did not act alone” in allowing costs to increase.
The tribunal nevertheless found that his position as architect and principal agent imposed a responsibility to ensure the Department of Public Works did not incur fruitless and wasteful expenditure.
The case stems from one of South Africa’s most consequential political controversies of the past two decades.
After Jacob Zuma became president in 2009, security assessments identified measures required at his private residence in Nkandla, KwaZulu-Natal.
The subsequent expansion of the project and expenditure on features not originally identified as security requirements triggered investigations by the Public Protector, Parliament and the SIU.
In 2016, the Constitutional Court found that Zuma had failed to uphold the Constitution when he did not comply with remedial action ordered by then-public protector Thuli Madonsela concerning the upgrades.
National Treasury subsequently calculated that Zuma should personally repay R7.8 million for certain non-security improvements.
Zuma paid that amount later in 2016.
The SIU said Makhanya successfully argued that the R7.8 million already repaid by Zuma should be taken into account when determining the state’s recoverable loss, and the amount will therefore be deducted from the sum deemed just and equitable for repayment.
The tribunal’s ruling represents a significant conclusion to civil recovery proceedings that began more than a decade ago.
The SIU was authorised to investigate the Nkandla project through a presidential proclamation issued in 2013 and subsequently pursued Makhanya for losses it attributed to unlawful procurement and expenditure.
The judgment is also politically notable because Zuma now leads the uMkhonto weSizwe Party, which became the third-largest party nationally in the 2024 election and is preparing to contest its first local government election on 4 November.
The ruling does not impose liability on Zuma beyond the R7.8 million he previously repaid, and the civil proceedings decided by the tribunal concern Makhanya’s own appointment and professional responsibilities.
The SIU said any evidence pointing to criminal conduct uncovered through its investigation would be referred to the National Prosecuting Authority for consideration.
The immediate consequence of Wednesday’s judgment is therefore financial: Makhanya faces personal liability for one of the largest amounts recovered through litigation arising from the Nkandla security-upgrade project.
