HRC halts probe of Zille tweet

Public protector’s ‘legally misguided’ report slated

The SA Human Rights Commission would have been well placed to investigate the constitutionality of former DA leader Helen Zille’s tweets on colonialism but halted its investigation into the incident.

“We had received complaints but we decided to halt the investigation because the matter was taken to court. We had to await the outcome…‚” said commissioner Buang Jones.

Many observers have criticised public protector Busisiwe Mkhwebane for probing the tweet‚ accusing her of stepping outside her jurisdiction.

The duties of the public protector include investigating any level of government or public entity for misconduct‚ such as maladministration‚ abuse of power‚ unfair conduct and unlawful enrichment.

The March 2017 tweet by Zille read: “For those claiming legacy of colonialism was ONLY negative‚ think of our independent judiciary‚ transport infrastructure‚ piped water.”

The tweet sparked outrage‚ resulting in the DA announcing her suspension.

Mkhwebane found “the conduct of the premier constitutes improper conduct” and recommended that the provincial legislature take appropriate action against her. She said Zille’s apology could be interpreted as recognition of the negative impact it had on the dignity of a section of South Africans.

Constitutional expert Pierre de Vos, however, said the report was “so legally misguided that it is difficult to believe that a qualified lawyer wrote it in good faith”.

“…Mkhwebane has invited the public again to consider whether she is suitable to continue in her current position.”