Public protector: her first year
EVALUATION TIME: HOW GOOD OR BAD HAS THE ADVOCATE REALLY BEEN?
We’ve failed to hold people to account. We as civil society need to claim this space. People get away from things because they are connected – Lawson Naidoo.
Public Protector Advocate Busisiwe Mkhwebane had big shoes to fill when she took over from Thuli Madonsela a year ago. Mkhwebane was determined that her seven-year stint would result in the office’s de-politicisation, as it devoted more time and resources to people and communities on the margins of society.
However, she stepped firmly into a political firestorm when she recommended the constitution be amended to alter Sarb’s mandate. This immediately provided ammunition to those who didn’t believe she was suitable for the post.
On the other hand, she’s admitted in court that she was mistaken about Sarb, and has stood firmly behind Madonsela’s recommendation, that state capture allegations be the subject of a judicial commission of inquiry appointed by the chief justice.
Last week the Catholic parliamentary liaison office held a roundtable discussion on the public protector’s year in office. Unfortunately Mkhwebane chose not to attend.
Lawson Naidoo of the Council for the Advancement of South Africa’s Constitution argued her first year had some highlights: her office finalised 10 787 of the 16 397 cases lodged with it; cut costs by reducing the number of consultants used; and issued 15 investigative reports in eight months – all of which were held over from Madonsela.
“We have few comparative numbers, so I’m not sure that these are qualitative shifts,” he observed. “One hopes the cost cutting is not at the expense of the quality of reports produced. However, there are five reports currently under review within the courts – this speaks to the quality emanating from that office.”
But is this judgment harsh? Both Madonsela and Mkhwebane made repeated requests for additional budget to add capacity to shoulder the case-load. Perhaps Mkhwebane should be given time to grow into the role? “No, this is a critical institution in the fight against corruption,” says Naidoo, adding “she had to hit the ground running. In the year that we have seen, I believe the jury is out as to whether she was the appropriate candidate”.
“We are not here to be kind or gentle,” added Dr Makhosi Khoza, former ANC MP and chair of the ad hoc committee for the public protector’s appointment.
“When the Chief Justice was appointed, he came in for huge criticism [for being a President Zuma appointee, and some of his legal decisions]. He is now held in very high esteem – he had to earn that and he did. The current public protector has not done that.”
Khoza had the last word: “As citizens, we need to rise up madame public protector and say that notwithstanding some of your accomplishments, you have broken the 11th commandment: thou shalt not betray those you are appointed to serve, the people. Therefore at the end of this, your first year, we have nothing that makes us smile as citizens and we implore you to resign your position.”