In the Nkandla disciplinary hearing of an accounts management employee (on charges of misconduct for approving a construction tender to Moneymine Enterprises), it transpired that President Jacob Zuma, the “owner of the property” had appointed Moneymine and that the company “had already been on site long before the tender was approved". The company was decided upon by a “negotiation process” and the tender awarding processes were rushed through - after the fact. This was the evidence brought to the hearing by Special Investigations Unit (SIU) chief forensic investigator, Christian Legwabe. By March 17, 2009, it had already been decided (by the then Deputy President) that Moneymine was the preferred construction company (and he brought them on site to begin work), but the tender was only approved on June 15, 2010.
Any owner can appoint a company to do work on his home - if he pays for it himself. If, however, the state pays for it, certain prescribed tender procedures must be followed. In this case, Moneymine was paid R6.1 million for the first phase of the construction project - from state coffers. And this to a contractor the President had chosen himself, infringing (yet another) constitutional demand that procurement should be fair, equitable and transparent (section 217).