Leave me alone, says Madonsela
INDEPENDENT: ‘TIME THAT PUBLIC PROTECTOR SPEAKS FOR HERSELF’
The public protector made it clear in parliament that the Department of Justice is not a mouthpiece for her, or her independent office.
Jeffery ‘presented distorted view in parliament, but he knows truth’.
Public Protector (PP) Thuli Madonsela has appealed to parliament that she be allowed to address a National Assembly sitting before her term of office expires later this year.
Madonsela, who was briefing the portfolio committee on justice and correctional services, possibly for the last time, said yesterday her term would come to an end in October.
“After the 14th I will not be public protector, but it would be nice to bring the final report – it’s entirely up to the committee.”
Madonsela said it was time the PP had a chance to speak.
The PP was not an entity of the department of justice as it was independent and should, therefore, be allowed to speak for itself.
She indicated that even in this week’s motion to remove President Jacob Zuma, the department of justice had spoken, but not the PP.
This was after the Constitutional Court last week underpinned the PP’s authority to prescribe remedial action.
In its judgment, it ordered President Jacob Zuma to abide by Madonsela’s report that he pay back money for nonsecurity upgrades to his home.
“It’s an accident of history that the minister of justice speaks on our behalf. Constitutionally speaking, that’s improper … there is nothing in the constitution that links us with the minister of justice,” said Madonsela.
On Tuesday, Deputy Minister of Justice John Jeffery said the powers of the PP had been confused.
With the benefit of hindsight and the Constitutional Court judgment in mind, what was “crystal clear” was no longer so clear, he said.
Madonsela said: “All I can say is I’ve never been confused about the powers of the PP.” She added there should be a forum to discuss what had happened.
“But the person who presented the distorted view in parliament [Jeffery]; he knows the truth,” she said.
Madonsela also stamped her authority by announcing that the PP had unilaterally decided to establish a trust that would enable the cash-strapped organisation to effectively continue its investigative responsibilities.
This would allow for members of the public to make donations to the investigative watchdog body.
Madonsela and her team have asked parliament to rubber-stamp a R263-million budget for the next financial year.
She hoped additional funds would be forthcoming.
“We have decided to establish the trust. We’ve informed the minister of finance that we decided to establish this trust … as an executive authority I’m entitled to do that,” she said.
She said the speaker of the National Assembly had also been notified. Both were asked to advise on the ethical way of processing incoming funds.
All I can say is I’ve never been confused about the powers of the PP.
Thuli Madonsela Public protector