In light of the on-going spat involving the Public Protector, the President and Minister Pravin Gordhan regarding the powers, jurisdiction, functioning and competence of the Public Protector, calls on the Speaker of the National Assembly, Thandi Modise to take steps to act in accordance with section 194 of the Constitution.

CASAC recognises that Minister Gordhan and indeed the President, like all of us, is not above the law, but neither is Advocate Busisiwe Mkhwebane – who we believe is abusing the powers granted to her as the Public Protector by her unrelenting pursuit of Minister Gordhan.
We recall that the courts have found that Adv Mkhwebane has acted in an irrational, and therefore unconstitutional, manner on a number of recent occasions, including:
● The ABSA matter where the court found that she had exceeded her powers and criticized her failure to explain her actions adequately;
● The SA Reserve Bank case where the court pronounced on her ‘superficial reasoning and erroneous findings’ and found that she had breached the separation of powers by usurping the authority of Parliament;
● The Vrede Dairy Project case (in which CASAC was an Applicant) where the court ruled that her report ‘points either to ineptitude or gross negligence in the execution of her duties’.

CASAC was established to raise its voice at critical moments such as this and we speak out now, united in our view that the office of the Public Protector is being abused as part of a political campaign whose real target is the anti-corruption reform efforts of President Ramaphosa’s administration. in our view that any semblance of possible abuse of the office of the PP should be urgently investigated.

Although we have a clear view on the matter, ultimately there is one body that has the authority to investigate the Public Protector. While the constitutional court is the ultimate forum for any constitutional dispute, and the courts have and apparently will continue to adjudicate on whether the Public Protector has acted in an irrational or otherwise unlawful fashion, it is Parliament that has the power to investigate Adv. Mkhwebane’s fitness to hold the position of Public Protector.

We call upon Parliament to immediately institute proceedings under section 194 of the Constitution for the removal of Adv Mkhwebane from office.

This is not a party political, partisan issue. It is in the interests of all South Africans and our Constitution, that this harmful issue is resolved as quickly as possible.

The Council of CASAC has deemed that this critical issue that threatens our constitutional order and democracy and we issue this statement as a collective.

Issued by CASAC