Parliament must act on Public Protector findings against Tina Joemat-Pettersson
Earlier today during a sitting of Parliament, I put forward a motion of censure against Agriculture Minster Tina Joemat-Pettersson, based on Public Protector, Advocate Thuli Madonsela's findings against the Minister in her report last year.
Minster Joemat-Pettersson was found to be in violation of section 11(1) of the Public Protector Act for trying to interfere in her investigation. In terms of this section, read together with section 181 (4) of the Constitution, anyone found to be interfering in the Public Protector's investigations is liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding 12 months or both such fine and such imprisonment.
According to Adv Madonsela in her report - Docked Vessels - she received a letter from the Minister of Justice and Constitutional Development (Minister of Justice), attaching a letter from Minister Joemat-Pettersson requesting the Minister of Justice to intervene in the investigation and that of the NPA, which she labelled unnecessary.
The report by the Public Protector clearly states: ". I consider Minister Joemat-Pettersson's action as conduct constituting interference with my investigation and an attempt to incite the Minister of Justice and Constitutional Development to undermine the independence of two constitutional bodies. Such conduct, in my considered view is at odds with section 181(4) of the Constitution which states that ‘no person or organ of state may interfere with the functioning of these institutions (this refers to Chapter 9 institutions)".
The above findings clearly warrant serious action, not only by President Zuma - who should urgently relieve her of her duties - but by Parliament, as the body with a constitutional mandate to hold the executive to account.
In my motion this afternoon, I have called on Parliament - at its next sitting - to resolve to:
(a) condemn the actions of the Minister; and
(b) censure the Minister by calling upon the Minister to apologise unreservedly for her actions.
In a previous reports, Adv Madonsela found that Minister Joemat-Pettersson had a " blank-cheque attitude towards public funds". This cannot persist.
If true accountability and transparency is to be established, then Parliament must lead the way.
President Zuma and the ANC have covered up the Minister's catastrophic management of the Department for too long; she must not be allowed to enjoy this protection any longer.
Motion of Censure:
1. I hereby give notice that at the next sitting of the House I shall move the following motion of censure: That the House -
(1) notes that in paragraph x on page 5 of the Public Protector's report named "Docked Vessels" Report No 21 of 2013/14 published on 5 December 2013, the Public Protector made the following statement:
"A week before releasing this provincial report, I received a letter from the Minister of Justice and Constitutional Development (Minister of Justice), attaching a letter from Minister Joemat-Pettersson requesting the Minister of Justice to intervene in this investigation and that of the NPA, which she labelled unnecessary despite having cooperated throughout the investigation and twice agreeing to defer the processing of the new tender until having had sight of this provisional report. I consider Minister Joemat-Pettersson's action as conduct constituting interference with my investigation and an attempt to incite the Minister of Justice and Constitutional Development to undermine the independence of two constitutional bodies. Such conduct, in my considered view is at odds with section 181(4) of the Constitution which states that ‘no person or organ of state may interfere with the functioning of these institutions (this refers to Chapter 9 institutions)'";
(2) further notes that section 11(1) of the Public Protector Act, Act 23 of 1994, states that any person who" interferes with the functioning of the office of the Public Protector as contemplated in section 181(4) of the Constitution, shall be guilty of an offence";
(3) acknowledges the Public Protector's view that the conduct of the Minister of Agriculture, Forestry and Fisheries ("the Minister") is at odds with section 181(4) of the Constitution;
(4) recognises that the Minister's conduct could amount to an offence under the Public Protector Act, Act 23 of 1994, and a violation of the Executive Ethics Code; and
(5) resolves to -
(a) condemn the actions of the Minister; and
(b) censure the Minister by calling upon the Minister to apologise unreservedly for her actions.
I thank you
Statement issued by Pieter van Dalen MP, DA. Spokesperson on Fisheries, February 25 2014
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