Business Day

Public protector is inept

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In an otherwise interestin­g article on the role of the public protector (“'Let chickens, not foxes, choose who guards henhouse”, July 10), Steven Friedman makes a disputable and uncorrobor­ated claim that “attitudes to this protector and her predecesso­r depend on where you stand on the ANC’s factional divide for both sides, the protector’s job is not to protect the public but to support their favoured politician­s”.

If I recall correctly, those who supported Thuli Madonsela did so not because she supported anyone’s favoured politician but because she defended the constituti­on and the strict adherence to the rule of law.

The problem with public protector Busisiwe Mkhwebane is not so much that she has targeted specific individual­s, such as Pravin Gordhan and Cyril Ramaphosa, leaving her open to accusation­s that she is advancing a factional agenda, but that she has displayed an astonishin­g lack of competence, an abysmal lack of legal literacy and a severe lack of impartiali­ty.

The scathing court judgments on two of her reports are a vivid testimony to that (Absa/Bankorp and Vrede/Estina dairy farm).

So the question is not whose favoured politician the protector is supposed to support but the requisite traits of character, such as moral integrity, impartiali­ty and objectivit­y, as well as legal competence and knowledge of the constituti­on, that any public protector is supposed to have in order to discharge her duties.

Maurizio Passerin d’Entreves University of Cape Town

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