PROTECTOR

OR PUPPET?

The public protector

is gaining no fans with

her much-talked-about

rulings. We unpack

some of Busisiwe

Mkhwebane’s

controversial cases

BY LESEGO MAJA

S

HE’Satthehelmofone

ofthemostimportantof-

ficesintheland,tasked

withprobingimproper

conductandkeepingthe

powers thatbe on the

straightandnarrow.

Butinsteadofquashing

controversy,publicprotectorBusisiwe

THE ISSUE

Public enterprises minister Pravin Gordhan

has been dogged by allegations of a rogue

unit, illegally establishedwhenhewascom-

missioner of theSARevenueServicetospy

onhighprofileindividuals

Nugentfoundlastyearthatrogue-unitallega-

tions were “without a sound factual basis”. Yet

still Mkhwebane went after Gordhan.

THEPP FINDING

Mkhwebane’s investigation – the 10th official

beinto allegations that have been widely

credited – found a unit had been set up and

lated South Africa’s intelligence code and

wsbecause it hadn’t been authorised by the

sident.

Sherecommended President Cyril Rama-

osadiscipline Gordhan and that the police

ouldinvestigate too.

Gordhan successfully applied for an inter-

t, recently granted by Judge Sulet Potterill,

suspend the public protector’s recommen-

dations. “Much of the [recomme ndations] are

vague, contradictory and/or nonsensical,” the

judge said.

EXPERTS SAY

Political scientist and analyst Professor Bheki

Mngomezulu says now that Gordhan has an in-

terdict against Mkhwebane’s remedial action,

the facts may come out and the issue can be

laid to rest once and for all.

Political analyst Ralph Mathekga agrees.

“This is the first time we might hear a full

interrogation of the rogue unit through the

court process,” he says.

“It might bring some light to this issue,

because there are a lot of unanswered

questions.”

Mkhwebane is often the cause of it.

She’s been accused of being a stooge

for the faction loyal to former president

Jacob Zuma, of turning a blind eye to

many issues affecting the country – such

as the VBS Bank scandal and state

capture – and pursuing issues that could

put South Africa on the road to disaster.

ConstitutionallawexpertProfessor

Pierre de Vos says he can’t say for sure

what her motivations are.

“But I can say this: she’s not com-

petent. A reasonable person might be

fearful that she has an agenda and is

biased because it’s difficult not to con-

clude there’s something fishy going on.

“Some of the things she’s done are

quite incomprehensible.”

PP vs PRAVIN GORDHAN

8 yyyy cocococo.zzzz

onhigh-profileindividuals.

He’sdenieditsexistence.

Acommissionof

inquiryheadedbyre-

tired Judge Robert

Mk

pro

disc

viol

law

pre

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pho

sho

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dict

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