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Busisiwe Mkhwebane must desist from temptations to use the authority of the Public Protector to propagate populist and factional politics. Instead of being seen protecting the public, her actions reflect an embedded if not captured person using the authority of the Public Protector to advocate such sectarian politics with the potential effect of bringing the image of the Office into disrepute.

Mkhwebane’s utterances regarding the terms of reference of the judicial commission of inquiry into state capture are a latest case in point.

To set the record straight, the commission, announced this week by President Jacob Zuma after he was left with no other option but to comply, was established as a direct result of the remedial action prescribed by Mkhwebane’s predecessor, Thuli Madonsela. Madonsela’s report entitled ‘The state of capture’ is categorical about the terms of the reference of the commission and the time it must take to complete its work:   

“The President has the power under section 84(2)(f) of the Constitution to appoint commissions of enquiry however... the President said that: ‘I could not have carried out the evaluation myself lest I be accused of being judge and jury in my own case’....​

“The President to appoint, within 30 days, a commission of inquiry headed by a judge solely selected by the Chief Justice who shall provide one name to the President.

“The judge to be given the power to appoint his/her own staff and to investigate all the issues using the record of this investigation and the report as a starting point.

“The commission of inquiry to complete its task and to present the report with findings and recommendations to the President within 180 days. The President shall submit a copy with an indication of his/her intentions regarding the implementation to Parliament within 14 days of releasing the report.”

Issued by SACP