Speaker joins rejection of protector’s report

SPEAKER Baleka Mbete has backed the South African Reserve Bank in its bid to have Public Protector Busisiwe Mkhwebane’s report set aside.

In her application in the high court, Mbete said Mkhwebane was acting outside the constitution by ordering the review of the powers and functions of the SARB.

Mbete’s application comes after Finance Minister Malusi Gigaba said last week he would oppose Mkhwebane’s report in court.

Absa and the SARB have also opposed the CIEX report, in which the public protector said the Special Investigating Unit must recover R1.125 billion from Absa.

Mbete said she was acting in accordance with the advice of the chairperson of the portfolio committee on justice and correctional services, Mathole Motshekga.

She said Mkhwebane was violating the principle of the separation of powers by ordering Parliament to amend the constitution.

Mkhwebane had ordered Motshekga to initiate a process to amend the constitution within 60 days of her report. Mbete said Mkhwebane did not have such a mandate nor the authority to direct Parliament to amend the constitution.

“She does not have the power to order or even propose an amendment of the constitution. Her mandate is strictly confined by the parameters set by the constitution itself,” said Mbete.

Beyond her powers

“Her order that the constitution be amended is thus beyond the scope of her mandate and powers,” she said.

The Speaker said the constitution was clear on the role of the public protector, and that was to investigate improper conduct in state affairs.

“The public protector’s order that the constitution be amended, to strip the Reserve Bank of its primary function of protecting the value of the currency, is entirely unrelated to the improper conduct that she has found to have been committed,” said Mbete.

“Nobody can rationally suggest that the one is a remedy for the other.

“The public protector does not even do so.

“Her order, that the Reserve Bank be stripped of its primary function of protecting the value of the currency, seems little more than a personal predilection wholly unrelated to the improper conduct that she found in this case,” she said.

She said it would have been irrational for anyone to suggest stripping the SARB of its powers to protect the value of the currency for failing to recover money from a bank.

Mbete said Mkhwebane did not have the powers to instruct Parliament how to conduct its business, let alone telling it to amend the constitution.

It would be illogical for Mkhwebane to instruct elected public representatives to amend the legislation of her choice. These powers rested with Parliament and she was intruding into the business of the national legislature, she said.