‘A triumph for the rule of law . . . it showed courage’

Thuli hails the Nkandla ruling as a landmark for justice

THE yellow flowers on the hotel room table are a victory bouquet from her Western Cape office, explains public protector Thuli Madonsela, celebrating the “huge and historic” Nkandla ruling by the Constitutional Court.

This weekend she was off to the Cape Town Jazz Festival to wind down after the court handed her office a ringing endorsement, affirming that the remedial actions that it orders are binding unless overturned by a court of law. How did it feel to win the case? “It was a feeling of elation and shock,” she said in an interview on Friday.

“I wish I could take a picture of every member of the team at my office while the judgment was being read. Everyone was so quiet. Even at the times they became excited, they would just quietly punch the air. It has done wonders for the team, after a time of great uncertainty.”

Madonsela said she had been inundated with messages of congratulation, many from ordinary citizens “saying thanks to my office for saving our democracy”.

“My team tells me of the people on the buses and taxis just being so relieved, of one man on a scooter giving a two-handed thumbs up.

“It was a huge and historic judgment, a triumph for the rule of law. It showed diligence, courage and insight by the judges.

“Importantly, it showed the difference between a parliamentary democracy and a constitutional democracy. In the latter, which we have, the constitution is supreme.”

What is going on between her and the Hawks — she says she is being investigated, but the Hawks deny it?

“Well, one of us is not telling the

WITHOUT FEAR OR FAVOUR: Public protector Thuli Madonsela holds no grudges against those who tried to impugn her integrity truth. I know there is a criminal investigation against me for perjury and something else,” Madonsela said.

“It has to do with two legal opinions my office gave which they find contradictory regarding the extent of the public protector’s powers in the SABC case.

“Two warrant officers came to my office. And I always thought the Hawks were supposed to deal with priority and serious crimes. I guess we were a serious priority for them.”

[Hlaudi Motsoeneng]

How does she feel towards ANC parliamentarians like Mathole Motshekga, who completely misread her office’s powers and tested the boundaries of civility when addressing her in the parliamentary justice committee?

“Actually,

I understand

their confusion,” she said.

“The advocate-general, which was instituted in South Africa in 1979, had the same powers as the equivalents in Sweden and the UK. They only have two powers, to investigate and report. Part of that reporting function would be recommenda- tions, not remedial orders.

“The same limited powers were given to the South African ombudsman in 1991 and the original public protector in 1993. I have always argued that that changed with the 1996 constitution, but even my younger colleagues originally differed with my interpretation.”

And her feelings towards President Jacob Zuma?

“My findings against him were always legal, never personal, and he has always been cordial towards me.

“There was a time, at the height of the Nkandla issue in 2014, when I attended his second inauguration and thought: ‘Should I greet him or not?’ But we hugged and that broke the ice.” Should Zuma resign? “I have not really studied that.” Her term ends later this year. What does the future hold?

“I will take a break for a year. Then, I will return to the bar as an advocate, and I will teach. I have offers from just about every university.

“I am considering settling in the Western Cape, Gauteng, the Eastern Cape or the Free State. As an advocate, I would like to focus on civil society and youth cases, on social justice issues.” Any tips for her successor? “Have authenticity, vision and a sense of purpose. Discuss that vision with your team so that it is not only your vision.

“Treat all cases the same, so that there are no grounds to accuse you of favouritism.

“And keep at arm’s length from politicians. Remain civil, but do not have tea at their house, even if you were friends before.”

Madonsela has just one regret this week — Hugh Masekela is not scheduled to play at the jazz festival. For her, that would have been the perfect end to a week of vindication.