ANC backtrack is desperate attempt to save Mbete from unlawful decision 

15 October 2016

The conduct of the Speaker of the National Assembly, Baleka Mbete, in attempting to return the Public Protector’s report on State Capture, may  have been unlawful and demonstrates a blatant and condemnable disregard for this Chapter Nine institution and the extremely important report that it has compiled. 

The Speaker’s argument that the document could not be processed in the manner requested by Adv Thuli Madonsela is nonsense. 

Section 8 (2A)(b) of the Public Protector Act makes it clear that a report tabled with Parliament need not immediately be made public, if the Public Protector is of the opinion that report must remain confidential in “exceptional circumstances”. It is the DA’s opinion that given the pending interdict hearings next month, such conditions have been met. 

Regardless, there are several reports in the possession of the Speaker that have taken months to be tabled in the ATC. There is no reason why the Speaker, in the interest of supporting this Office, could have kept it safe until such stage as the matter was resolved in the courts next month.

Furthermore, even if the Speaker did not want to exercise her discretion in this regard, once a final report is tabled before her office, the Public Protector’s Act comes into effect and determines how it should be handed. The return of a report is not set out in the Act.

There seems to be bizarre assumption by Parliament that this report will somehow change. It is a final report, signed off by the Public Protector of South Africa. This report, in its current form, will remain exactly the same. The only option available to those who disagree with it is to take it on review before a court. 

The fact that the ANC have now, through a party statement, distanced the Speaker from Parliament’s official communication, demonstrates its desperation to clean up the mess she has created. The public should not be fooled. That was a statement issued in the name of the Speaker, and one finds it hard to believe it was issued without her knowledge and consideration. 

Again Baleka Mbete has opted to wear her hat as ANC Chairperson instead of the Speaker of the National Assembly. Her dismissive attitude to what is a report of significant public importance demonstrates Parliament’s continued disregard for accountability and lack of interest in supporting institutions which strengthen our democracy. 

The DA will announce further steps in ensuring this report is made public at a press conference in Johannesburgtomorrow. We will not allow for the ANC to once again frustrate the functioning of the Public Protector’s office in a bid to protect Jacob Zuma from answering for his conduct.

Statement issued by John Steenhuisen, Chief Whip of the Democratic Alliance, 15 October 2016