OPINION

Suspend and make the Public Protector accountable

Paul Hoffman |

29 April 2022

Paul Hoffman says there may be ample proof that the music must be confronted at once

Suspend and make the Public Protector accountable

29 April 2022

Cape Town, 29 April 2022: Anti-Corruption watchdog organisation, Accountability Now, has written to President Cyril Ramaphosa, demanding the suspension of Public Prosecutor, Busiswe Mkhwebane.

The president is contemplating suspending the Public Protector, who faces removing from workplace proceedings within the National Assembly. According to the Public Protector she behaves accountably and the president is just too conflicted to droop her resulting from pending investigations of him by her.

Paul Hoffman, SC, Director, Accountability Now, wrote to the Public Protector in April 2022*, difficult her to behave accountably by answering questions put to her in January 2017, questions which stay unanswered. The Public Protector didn’t reply to Accountability Now.

The matter has been escalated to the president who has been requested to droop the Public Protector, or, if there’s a threat of a battle of curiosity, to get the Deputy President to contemplate the matter of her suspension. The related correspondence is connected to this media launch.

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The presidency has acknowledged receipt of the e-mail addressed to him*, neither the Public Protector nor the Justice Portfolio Committee have responded in any respect to the emails addressed to them.

Mkhwebane must “own up” and face the implications

Public Protector Busiswe Mkhwebane has taken to taking pictures herself in each ft. Her criticism to the Judicial Service Commission relating to the strongly worded judgment of nearly all of the Constitutional Court in opposition to her, penned by retired Justice Chris Jafta, is so vast of the mark, misconceived and inappropriate that it could actually greatest be thought to be a stratagem in a scheme of delaying techniques reasonably than as a critical criticism.

Her litigation to keep at bay or delay the lengthy overdue proceedings for her removing from workplace offends the fundamental tenets of the rule of legislation. Finality in litigation must be achieved when the best court docket within the land has dominated on a matter. While a tenuous procedural proper to assert rescission of the ultimate ruling of that court docket exists, it ought not, within the public curiosity, maintain up the proceedings required by the structure. The National Assembly has an obligation to behave diligently and at once when any Public Protector goes rogue. There is ample proof that the music must be confronted at once and that dilatory skirmishing shouldn’t be countenanced by the courts.