Cape Town Public Protector Lawrence Mushwana has come under fierce
criticism by Democratic Alliance (DA) leader Helen Zille for failing to live up
to the name of his office by acting in the interests of
the African National Congress (ANC) *1.
Zille said Mushwana's most recent betrayal of his constitutional mandate was his
vendetta against DA MP Mike Waters for lodging a complaint later withdrawn
about the alleged intervention of President Thabo Mbeki to secure a liver
transplant for Health Minister Manto Tshabalala Msimang last year.
Mushwana, a former ANC MP, urged Parliament to act against Waters, saying he had
abused the public protector's office for political gain. "In the six years since
his appointment, he has succeeded only in protecting the ANC from the people,"
Zille said in her weekly online newsletter South Africa Today.
"Mushwana's record, and that of his predecessor, Selby Baqwa, encapsulates
everything that is wrong with the ANC's policy of deploying party cadres to
institutions supposed to check and balance state power.
"Just like Baleka Mbete's role as both (National Assembly) speaker and ANC
national chairperson, Mushwana's position is a fundamental conflict of interest.
Both owe their loyalty to the ANC first, and to the constitution second. They
are living examples of Jacob Zuma's contention that 'the ANC is even more
important than the constitution'," Zille said.
"When such cadres are required to make a choice between the public interest and
the party interest, they choose the party," she said.
The constitutional duty of the public protector, Zille said, was to investigate
and report on alleged improper conduct in state affairs, and to take appropriate
remedial action. But she said it was not possible for the public protector to
act as an impartial referee and investigate allegations without fear or favour.
This was because his budget was approved by the justice ministry and because he
was appointed by the president on Parliament's recommendation. This gave the
majority ANC the scope to appoint a loyal cadre.
Mushwana found it "impossible to hold the ruling party to account", Zille said.
The most glaring example of this was his finding on the transfer of R11m by
Imvume Management to the ANC and his failure to report on a subsequent DA
request that he open the investigation into the matter, she said.
"In the three years since the Oilgate scandal was first exposed, the public
protector has brought no one to book," Zille said.
With acknowledgements to Linda Ensor and Business
Day.
*1Since the Arms Deal "Public Phase"
hearings part of the Joint Investigation, the "Public Protector" has been
actually the "Government Protector".
Since then it has widened its mandate to protect the ANC as well.
If anyone ever took the time to read the PP's contribution to the Arms Deal
Report they will see what I mean.
But the lowest common denominator in all of the PP's major investigations and
reports is one Advocate Christoffel Fourie.
"If you don't like my principles, I've got others".