Sunday Times

Will Busi earn the public’s trust?

Public protector Busisiwe Mkhwebane certainly is a new broom, but there are disconcert­ing indication­s that she does not sweep as clean as her predecesso­r, warns

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MEDIA reports suggest that the new public protector, Advocate Busisiwe Mkhwebane, is wasting no time in taking on the role of a new broom sweeping clean in the office she now occupies.

Her “reforms”, according to a media summary published in Legalbrief, include the discontinu­ation of the use of donor funds‚ doing away with the naming of investigat­ion reports‚ cutting the use of consultant­s‚ prioritisi­ng the finalisati­on of cases more than two years old and placing a moratorium on internatio­nal travel.

Mkhwebane reportedly said in her first week in her position as public protector that she had noted that there was low staff morale‚ at least in the head office.

She said some of the most pertinent problems related to performanc­e management and the developmen­t system‚ and the occupation-specific dispensati­on‚ whereby junior staff members earned more than their supervisor.

Mkhwebane said the root cause of the problem was the inadequate resourcing of her office.

She added that she was uncomforta­ble with the use of foreign donors to assist the programmes of the office of the public protector.

Other reports indicate that Mkhwebane has, worryingly, indicated a preference for the Gupta-owned ANN7 TV news channel and is desirous of cultivatin­g good relations with the government.

The office of the public protector is a constituti­onally created independen­t watchdog body, an ombud with “teeth” duly empowered to make binding and enforceabl­e rulings in relation to the appropriat­e remedial action required to address instances of maladminis­tration uncovered in and reported on after the investigat­ive work of the office is done.

By its very nature the office is not one that is ever likely, if it is properly run, to endear itself to the government it monitors.

Indeed, the whole remit of the public protector is to seek out maladminis­tration or respond to complaints of maladminis­tration in the affairs of state and in the public administra­tion.

Good relations with those whose maladminis­tration is the sole concern of the office are probably a bridge too far, unless the office compromise­s on the “three eyes” of independen­ce, integrity and impartiali­ty in its work. The office was created, with other Chapter 9 institutio­ns, to support and strengthen constituti­onal democracy, not to be best friends with the government. Of all the previous incumbents of the office, only Advocate Thuli Madonsela has properly appreciate­d the importance of speaking truth to power and taking an independen­t course of action in the work of the office. The manner in which the support of constituti­onal democracy manifests itself in the work of the office is through the protection of the public, not the fostering of good relations with the government. Constituti­onal democracy is a concept that is new to South Africans, long under the yoke of parliament­ary sovereignt­y as passive subjects of an oppressive regime rather than active participan­ts as citizens in an open, accountabl­e and responsive new order. Will the Gogo Dlaminis, so beloved of Madonsela, still bring their troubles to the public protector when they learn that the new incumbent is desirous of cultivatin­g “good relations” with the government? Will they have confidence in the independen­ce of the office when, in the absence of fealty to the constituti­onal values applicable, there is not a constant tension between the government and the protection of the public? Just as there is healthy tension between the executive and the judiciary in any order which adheres to the doctrine of the separation of powers and the enforcemen­t of checks and balances on the exercise of power in a multiparty system under the rule of law, a similar tension — for which Madonsela was famous and was eventually congratula­ted by the ANC — should be permanentl­y in place between the public protector’s office and the government. Mkhwebane should reconsider her desire to have “good relations” with the government and re-examine the inwardness of her role in our constituti­onal dispensati­on.

She has been banging on about her perception that there is a need for “good relations” since her parliament­ary interview.

If she can get her head around the notion of acting without fear, favour or prejudice, she will recognise that getting all cosy with the government is the last thing she should be doing.

The allergy to foreign or nongovernm­ent-sourced funding is paranoid.

The Constituti­onal Court Trust has long accepted donations from all and sundry to improve the effectiven­ess and efficiency of the court. It, too, is constituti­onally enjoined to act without fear, favour or prejudice.

Mkhwebane should either explain why her office’s position is any different to that of the court, or launch her own investigat­ion into the Constituti­onal Court Trust.

Doing away with consultant­s could turn into an expensive, unwarrante­d exercise

Dropping the use of publicfrie­ndly and catchy titles for reports is contrary to internatio­nal practice and is perhaps a churlish way of distinguis­hing the new leadership from the old.

If the content of the reports remains as excellent as in the past seven years, nothing will turn on this so-called reform other than sparing the government the embarrassm­ent of being the butt of the joke in some titles.

Doing away with consultant­s could turn into an expensive and unwarrante­d exercise. It does happen from time to time that the advice of quantity surveyors, forensic accountant­s or medical specialist­s may be required in the course of an investigat­ion by the office.

 ?? Picture: MOELETSI MABE ??
Picture: MOELETSI MABE
 ??  ?? IN THE HOT SEAT: Busisiwe Mkhwebane
IN THE HOT SEAT: Busisiwe Mkhwebane

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