Protector to oppose Zuma on state of capture report
But decision could change depending on legal advice, Mkhwebane says
PUBLIC protector Busisiwe Mkhwebane will oppose President Jacob Zuma’s application to take the state of capture report on review‚ but this could change depending on legal advice.
Addressing the media on her 100 days in office‚ Mkhwebane said yesterday she had filed a notice to oppose Zuma’s application to comply with court rules.
“In the notice‚ I clearly indicated that I will consider my position once I have been advised by senior counsel on the legalities of the basis of the application‚” she said.
“I expect a comprehensive legal opinion from senior counsel in the second week of this month.”
Mkhwebane said this was a complex matter and no precedent had been set in South African law.
She said it had been a bumpy 16 weeks for her office‚ but it had not been entirely unexpected.
Because of the heightened interest in who would take over from her predecessor, Thuli Madonsela‚ it had not been surprising that her seven-year term got off to a rocky start.
“What I did not expect though was the peddling of half-truths‚ fabrications‚ innuendo and vitriol about me and my being,” Mkhwebane said.
She had been referred to as a spy‚ a Gupta puppet and a president protector,
She said because of the allegations “you find yourself having to prove yourself to people‚ to say ‘I am here to work‚ I am here to deliver services and I am not bringing any agendas’.”
However‚ she and her team stood their ground and would not be defocused from holding leaders accountable.
Mkhwebane is considering taking the DA to court for claiming she had been a spy.
She feels she has given the party enough time to withdraw the statement and apologise‚ but it has failed to do so.
“So now I am seriously considering taking legal action on that matter because it impacts on the integrity of the institution,” she said.
“I do not think as an institution we would want to be led by a spy.”
Mkhwebane said she had inherited a strong institution‚ with sound systems‚ and a dedicated‚ experienced and hard-working team from Madonsela. “With this combination‚ I have no doubt we will do our best to realise my vision of taking this institution to the grassroots‚ where many of our people are yet to taste the fruits of democracy‚” she said. However‚ she said she had had to tackle the issue of low staff morale in her office‚ a result of the institution’s inability to implement the Occupation Specific Dispensation for legally qualified senior managers. “There has been continuous engagement with labour unions to address other issues that have contributed to low staff morale, such as performance management and related policies as well as job evaluations‚” she said.
Between November last year and January this year‚ they had advertised 45 vacancies that had to be filled urgently to help her office deliver on its mandate.
She will criss-cross the country from the middle of this month and engage premiers‚ executive council and provincial legislature members‚ the general public and political parties represented in parliament.
With the engagements‚ themed “Broadening Access”‚ she was hoping, among other things‚ to introduce herself, communicate her vision and solicit views.
In addition‚ she hoped to increase awareness about her office and mandate‚ as well as increase access to her office.
She said people had been very outspoken about the office‚ with some voicing frustration and others being supportive.