It isn’t very long ago that the Mail & Guardian was in the vanguard of criticism of the public protector, arguing in our pages that the body had become utterly craven in the face of political power and in court that it had failed to do its job of upholding the most basic of standards.
Instead of rigorous scrutiny of state power, Lawrence Mushwana and his team seemed to offer a reputation laundry service for politicians accused of corruption and maladministration.
We won a court case, now under appeal, setting aside the protector’s report on the Oilgate affair in a stinging judicial rebuke. In its judgement in favour of the M&G, the South Gauteng High Court made it clear that the public protector must play an actively investigative role. It was not enough, the court said, for the protector simply to weigh the evidence placed before him or her by others; if there was any suspicion of irregularity, a diligent probe for fresh information was required.
The new protector, Thuli Madonsela, has been doing just that, and she has shown a commitment to transparency in the process that is helping to rebuild public confidence in the institution.
This week Madonsela took on one of the most powerful men in President Jacob Zuma’s administration, General Bheki Cele. What she found was startling: he was in breach of the duties and obligations imposed upon him by the Constitution and the Public Finance Management Act when he involved himself in the leasing of new headquarters for the police.
The protector found that his conduct was improper, unlawful and amounted to maladministration. She also advised government to take action, including possibly terminating the contract, and suggested steps be taken against anyone who acted negligently.
It is a bold ruling that will not endear Madonsela to many at Luthuli House. But it should frighten public servants who collude with tenderpreneurs and it should hearten anyone who believes accountability is the bedrock of democracy.
Against that backdrop it is easy for us to change our tune and call upon government, the ANC and civil society to back Madonsela, both by acting on her recommendations and by giving her the resources to do her job.
As Nelson Mandela once put it: “The administrative conduct of government and authorities are subject to the scrutiny of independent organs. This is an essential element of good governance that we have sought to have built into our new constitutional order. An essential part of that constitutional architecture is those state institutions supporting democracy. It was, to me, never reason for irritation but rather a source of comfort when these bodies were asked to adjudicate on the actions of my government and judged against.”
Now, ma’am, if you could just drop that appeal against the South Gauteng judgement. Your principles are clearly aligned with those it sets out and you’ve got better ways to spend the time and money. So have we.
To read the second half of the editorial (Gordhan’s other legacy), click here.