Opposition "champion" at crossroad
On Tuesday 12 March 2012, Deputy President Kgalema Motlanthe asked the National Public Protector, Thuli Madonsela, to investigate any wrongdoing on his part, or that of his partner, Gugu Mtshali. This followed a release this weekend by the Sunday Times, that it is in possession of a tape recording of Mtshali having a meeting with several other role players, including CEO of Cape Town based 360 Aviation, Barry Oberholzer, to discuss "buying government support" for 360 Aviation's bid to sell aviation equipment, including helicopters, to the National Iranian Oil Company, in contravention of sanctions imposed on Iran by the United States and the European Union, both major bilateral partners of South Africa.
Some of the reporting in that article borders, in my humble opinion, very dangerously on outright accusations against the deputy president, even mentioning the fact that his name surfaced in the so-called Iraqi "oil for food" scandal. But nowhere does it mention that a commission of enquiry cleared the deputy president of any and all wrongdoing.
Kgalema Motlanthe has proven over the years, since he was the general secretary of the National Union of Mineworkers (NUM) that he is really a straight arrow, who is not afraid to speak out when he sees wrong being done, and serious injury being brought upon society. He has really earned his struggle nom de guerre of "Mkuluwa" and this moniker has rang true of the character and personality of this great son of the African soil.
I still feel that he would be a great future president of both the ANC and the Republic. His sense of right and wrong, his unyielding determination to democracy, his stature and standing both locally and internationally, his grandfather manners, his old-world charm and charisma, his quiet voice that still carries authority; all these makes him the perfect candidate for the party and country's highest offices.
I had the opportunity and privilege to meet him in person, in personal, political and professional capacity; and, as you'd probably guess, the man has made a deep and lasting impression on me. He just exudes an energy that becomes contagious, and one wants to be inspired and motivated by his every word - even when he's admonishing you!
Having said that, one needs to backtrack a little here. Ever since she released the first report on alleged wrongdoing during the police head quarters affair, National Public Protector, Thuli Madonsela seems to have become the champion of opposition parties, as they now want to take every issue they can't win politically, to her office. Helen Zille, and others, hailed her as "a true champion of democracy" (read "opposition politics"), who "does not tolerate corruption, and would go after any public representative and official in order to rid the government, and South Africa, of this disease called fraud".
Ever since, many DA "shadow ministers" and spokespersons, as well as other opposition parties continued to make "threats" that they would refer this issue and that, to the office of the NPP. I sometimes wonder where Madonsela would get the time, and resources, to investigate every little petty issue the opposition wants to refer to her.
Now, in what many analysts call a pre-emptive strike, the deputy president himself asked the NPP to investigate whether he and Ms Mtshali did anything wrong in this instance. According to Pan African Advisory Services CEO Iraj Abedian, this is a move to ensure that he remains relevant in the build-up to the ANC 53rd National Conference in Mangaung later this year. Abedian also questions if this would be enough to placate the US and EU.
On Wednesday 13 March 2012, the NPP announced that she is currently investigating whether she has the legislative authority to investigate this matter, as it involves a private citizen, and the National Public Protector Act (Act 23 of 1994, as amended by Act 113 of 1998) limits the NPP's jurisdiction to public representatives and officials. But the fact that the DP has asked her to investigate both himself and Ms Mtshali, means that she does have some jurisdiction in this matter. Even if she than dismiss all findings that might have a bearing on Ms Mtshali alone, she still could make findings which pertain to the DP, either him alone, or incidentally, as part of that relationship.
But this issue has now created what I think is the most critical test for the current NPP, as she would be in doubt after this, whatever the outcome is. She is now really at a crossroads, and I'm afraid, she won't be smelling like roses after this. In the words of Jeremy Gordin, in today's PoliticsWeb, let's call it by the military call signals:
Alpha:
In this scenario, the NPP decides not to investigate the matter, citing a lack of jurisdiction. Oh, how I can hear the opposition howling! Ms Madonsela would be reminded that ultimately she is seen as a political deployment, as it was the ANC majority on the parliamentary ad hoc committee who ensured that she becomes the preferred candidate for the job. Also, it was the ANC deployed President Jacob Zuma who appointed her as the first female NPP since 1994. So, there would be speculation that she yielded to political pressure to decline the request for an investigation.
Bravo:
In this scenario, Madonsela decides to investigate the matter, whether in full, or partially, as described above. And if she decides that the DP did in fact committed an act in defiance of the Executive members' Ethics Act, she would again be praised as the champion of democracy, and continue to be the warrior queen of opposition movements and parties. But this would anger some in the ANC and government, as the very notion of the DP being involved in some shady dealings is simply inconceivable, given his record and character.
Charlie:
If Madonsela finds that the DP did nothing wrong, but there was some wrongdoing on the part of Ms Mtshali, the opposition would still be baying for blood, probably demanding that the President relieves him of his duties as DP of the Republic, quite in the same manner that former president Thabo Mbeki did with the sitting president. But also, they would question the fact that the DP knew nothing of the nature of Ms Mtshali's dealings. In this scenario, again, Madonsela's reputation would be in doubt, as it would be quite inconceivable that the DP knew nothing - damn, he's in a committed relationship with the woman, how could he not have known? Guilt by association?
Delta:
In this scenario, the NPP finds that the report by the Sunday Times was incorrect and malicious, and that her office could not find any wrongdoing on the part of either the DP or Ms Mtshali. The fact that there seemingly is a recording of the alleged meeting, but no evidence of such had been provided, and/or the recording could not be/had not been verified and authenticated, does not proof conclusively that in fact this thing had not been orchestrated by someone intent on smearing the name of the DP.
It would certainly not be the first time (and unfortunately not the last either) that a "reputable" newspaper published a story based on "facts" and "evidence" provided by a source, but that source had not been adequately vetted, and the evidence provided had not been verified.
As for Gordin's question of why the DP sought relief from the NPP and not the press ombudsman, come on, let's be serious here, Gordin. If the ombudsman does not show real respect for the office of the President, do you think they'll show a real interest in the plight of the DP? You don't have to go far, as PoliticsWeb regularly publishes findings of the ombudsman, you'll see that it's really part of the old boys club where journalists protect each other as far as possible, and unfailingly, the strongest sanction is still a slap on the wrist, or too often a light rap on the meatier part of the arm.
Kgalema Motlanthe has proven himself as a strong shelter for those who belief in the real character of the ANC. He is one of those people who still actively preach activism to remain the core of the being of a real cadre of the ANC. He remains the voice of reason and this is not only lip service with him. He is the true embodiment of the best that the ANC had to produce over the years, and he would be a worthy successor to the office occupied by many, many great leaders. I don't think this is anything but an attempt by some to distract him from the real work to which he has committed himself all those years ago.
Moegamat Shareef Blankenberg works for ANC Caucus Support Services in Parliament, He writes in his personal capacity.
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