Probe if Busi is fit to be SA protector
No fair-minded South African demands of public protector Busisiwe Mkhwebane to be her predecessor Thuli Madonsela.
But we do expect her to know her job and do it diligently.
Sowetan – as a newspaper that is deeply committed to sociopolitical transformation and the advancement of previously disenfranchised individuals and groups – is never quick to join the chorus of those who demand the immediate axing of public office holders on the basis of mere allegations.
We are not about to start doing so with the incumbent public protector. But we do have our concerns about the manner in which Mkhwebane has handled some of the cases brought before her since she took over from Madonsela. We do, therefore, believe that a parliamentary inquiry into her suitability to hold office may now be the best route to pursue if the credibility and dignity of her office is to be preserved.
Her handling of her office’s investigation into Western Cape premier, and former DA leader, Helen Zille’s infamous “colonialism tweet” has revived accusations that she misunderstands her role and over-steps the mark.
There is no doubt that Zille’s comments were offensive and undermining of the painful experience black people had under colonialism. But is that a subject matter that should be handled by the public protector instead of, say, the Human Rights Commission? This question becomes pertinent when one considers that the public protector’s office has in the past refused to take up investigations into allegations of corruption and abuse of state resources on the basis that it had limited financial resources.
Given that, in at least one previous matter, the courts found that she “did not conduct herself in a manner which should be expected from a person occupying” her office, it is not easy to dismiss claims that her Zille findings have no basis in law as DA propaganda. As was witnessed during Madonsela’s tenure, the public protector’s office plays a critical role in strengthening and defending our constitutional order. Hence it is important that the office is headed by someone who fully appreciates that role.
Only a parliamentary inquiry can answer the question as to whether Mkhwebane fits the bill.