Gordhan must account

PUBLIC Enterprise Minister Pravin Gordhan and Public Protector advocate Busisiwe Mkhwebane have, for some time now, been at each other’s throats.

At issue is Mkhwebane’s investigation of the complaint by EFF deputy president Floyd Shivambu regarding the so-called rogue unit, which was established at the SA Revenue Services when Gordhan was the commissioner of the tax agency.

Last week, Gordhan’s office accused Mkhwebane of abusing her office and harassing him, after she issued a subpoena for the minister to answer 11 questions in connection with allegations that the establishment of the unit was illegal.

Gordhan argued that the allegations have been investigated by institutions including the office of the Public Protector (PP) at the time it was headed by Thuli Madonsela, and the Hawks.

Mkhwebane replied that the probe was legitimate, noting that in the past the office subpoenaed and interviewed numerous ministers, members of executive councils and premiers as part of investigations.

In terms of the Public Protector Act, the PP is empowered by law to investigate “on his or her own initiative or upon receipt of a complaint, any alleged maladministration in connection with the affairs of government at any level; abuse or unjustifiable exercise or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function”, among others.

Gordhan is duty bound to account to Mkhwebane. President Cyril Ramaphosa is co-operating with Mkhwebane with regards to her investigation into the R500000 that Bosasa donated to his ANC presidential campaign.

Ramaphosa has not sought to cast aspersions on the intentions of Mkwebane’s probe, for he knows that the Constitution empowers the office to investigate maladministration at any level. Gordhan’s conduct in this regard is unfortunate and should be condemned.

Many in the ANC were left with egg on their face when the Constitutional Court ruled in Madonsela’s favour in the Nkandla matter.

At the heart of our public service should be accountability. The failure of checks and balances in the public service breeds conditions for state capture.

It is within this context that Gordhan should account to Mkhwebane, instead of casting aspersions on the office.