MEDIA STATEMENT ON 'OILGATE' JUDGEMENT

Having studied the judgment by the North Gauteng High Court in the application brought against the Public Protector by the Mail & Guardian relating to the so called "Oilgate Report", delivered on Thursday, 30 July 2009, the Public Protector noted that the basis of the order setting aside the Report is the difference of opinion expressed by Judge Poswa on the interpretation of the constitutional mandate of the Public Protector and the manner in which the investigation of the matter was conducted.

It is particularly significant, especially in the light of numerous media reports criticising the Report and the Public Protector personally, in connection with the matter, that the High Court found that there was neither any evidence nor any indication that the Public Protector deliberately wanted to "shield the ANC" as purported by the Mail & Guardian editor-in-chief Nic Dawes when he said "the ruling puts Public Protector on notice that his duty is to the Constitution and people of South Africa, not to powerful political and financial interests". The court accepted that the Public Protector acted with integrity when he investigated and reported on the matter concerned.

It was also noted that the Court found that the manner in which the Mail & Guardian criticised the Report by referring to it as a "whitewash" was abusive and insulting of the Office of the Public Protector (OPP) and Adv. Mushwana personally. Judge Poswa expressed the view that the OPP, being the protector of the Constitution is entitled to more respect than was shown by the Mail & Guardian.

The Public Protector is currently considering legal advice regarding a possible appeal against the setting aside of the Report by the High Court and will take a decision in this regard in due course.

Statement issued by, Kgalalelo Masibi, Senior Manager: Communications, Office of the Public Protector, August 3 2009

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