SA between an unprotector and a captured speaker?

Last week parliament, to its credit, flexed its muscle when it informed the nation it was taking the public protector’s remedial findings on review. And rightly so.

Parliament is the latest institution to oppose public protector Busisiwe Mkhwebane over her unconstitutional effort to try and formulate government policies.

Mkhwebane has recommended parliament amend some clauses in the constitution relating to the SA Reserve Bank.

On a separate matter, Absa bank said it would approach the high court to oppose the public protector’s report that found the bank liable for more than R1-billion related to a Reserve Bank bailout granted in the 1990s.

The bailout was granted to Bankorp‚ that was later bought by Absa.

The bank said the report contained “numerous misrepresentations and factual inaccuracies”.

Now the Speaker of parliament, Baleka Mbete, is pushing back against the bizarre move by the public protector.

Many have pointed out the public protector does not have the constitutional right to instruct parliament to make or change laws.

Mkhwebane needs to be careful she does not find herself defending her findings in court. These will bring her office into disrepute.

She should remember her office is meant to protect South Africans.

But that does not mean Mbete, who has suddenly found her spine and voice in terms of her constitutional obligations, has been perfect.

The Constitutional Court ruling on the secret ballot for the motion of no confidence against President Jacob Zuma clearly exposed serious weaknesses in her office.

Does Mbete have legal advisers, and does she listen to them when they provide her with legal opinions?

Chief Justice Mogoeng Mogoeng, who is making Mbete and President Jacob Zuma pay for the legal costs of opposition parties, chastised Mbete for not doing her job.

When opposition parties called for a secret ballot, Mbete claimed not to have powers to grant secret ballots.

However, the Constitutional Court ruled she does have the power and further specified her decision should be rational and made in the interests of the country.

Mbete, just like the public protector, is expected not only to understand the constitution, but also to uphold it as well.

Mogoeng reminded her that she is the speaker of the national assembly and is obliged to be fair and to act in line with the constitution – she therefore cannot wear her ANC hat when she applies her mind. Mbete is also the ANC national chairman.

Mogoeng has put her in a corner. He has explained what her powers are and now she has to act. The country is waiting – and watching Mbete.

As a senior ANC leader, Mbete sits in meetings that so far have failed to take Zuma to task.

When Mbete applies her mind to the secret ballot, she must not think about the ANC national executive committee who have failed the nation. If she does their bidding, she will find herself back in court.