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DA: Statement by Debbie Schafer, Democratic Alliance shadow deputy minister of justice and constitutional development, calling on President Zuma to act on corruption (31/07/2011)

31st July 2011

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Reports in today's Sunday Times contradicting Minister of Public Works Gwen Mahlangu-Nkabinde’s account about her role in the SAPS lease scandal, raise serious concerns about President Jacob Zuma's decision to replace former Public Works Minister Geoff Doidge with an individual who actively ignored an undertaking to the Public Protector and proceeded to implement the controversial Pretoria SAPS lease. Furthermore, comments by Minister Collins Chabane that Cabinet is looking to establish an “overarching anti-corruption body” to co-ordinate activities at an administrative level, and “review the effectiveness of existing organs like the Public Protector” raises serious questions about this administration's respect for Chapter 9 institutions and its supposed commitment to tackling corruption.

The fact that President Zuma has still not taken any action relating to the reports of the Public Protector into the dodgy SAPS leases undermines the Office of the Public Protector. This is a vital Chapter 9 institution, which, together with the courts, serves as an independent oversight mechanism to protect ordinary people against abuses by government. The President's actions also undermine the confidence of ordinary South Africans in the ANC’s stated goal to root out corruption.

Increasingly, it appears that the ANC will only consider rooting out corruption if it does not affect one of their own.

The fact is that the Public Protector is very effective – obviously far too effective for the ANC. Furthermore, the Public Protector is answerable only to Parliament. Any attempt made by the executive to interfere in the activities of the Public Protector- in any way- is patently unconstitutional, and will be resisted. 

This administration's commitment to tackling corruption is seriously called into question when one considers the sustained attacks suffered by effective corruption-busting bodies. The abolition of the Scorpions, the threats against Asset Forfeiture Unit (AFU) head Willie Hofmeyr by National Director of Public Prosecutions (NDPP) Menzi Simelane, the recent threats to the Public Protector, the removal of a Minister who took action to avert unlawful leases and his replacement with an individual who proceeds to implement them, and the failure of the President to take action against those found guilty of unlawful actions, all paints a picture of an administration that places political considerations above the need to root out those who abuse the power that comes with public office.

The time for yet more reviews is over. Now is the time for action. There is a desperate need for existing corruption-busting bodies to be assisted, and for the necessary political will to be exerted to ensure that they can implement their findings. There needs to be accountability by government, and government needs to comply with its constitutional obligation in s181(3), to inter alia assist and protect the effectiveness of these institutions. 

In failing to act on the Public Protector's recommendations, and protecting people against whom action should have been taken, the President is undermining the constitutional mandate of this essential institution. The Democratic Alliance (DA) will do all it can to ensure that bodies established to tackle corruption are allowed to continue to do so, without fear or favour.
 

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