PUBLIC PROTECTOR'S DECISION TO JOIN EFF CASE IN ITS CASE ILL-ADVISED

The Office of the Chief Whip of the African National Congress notes with concern the decision by Public Protector Thuli Madonsela to join the EFF in its court case against President Jacob Zuma relating to the Nkandla matter. The Public Protector is now cited as the third respondent in the case.

There is nothing in law and in terms of court procedures that prevents the institution from aligning itself with political parties in legal matters. Although perceptions, just like morality, can never be sufficiently regulated under the law, they are critical to the institution's work and public image. It is thus important that the institution, in its conduct and posture, always inspires the public's faith and confidence in its ability to act impartially and independently. Without public confidence, the oxygen that gives it life, the institution's ability to credibly carry out its Constitutional function with would be severely undermined.

Both the Public Protector Act and the Constitution enjoins the institution to conduct its work impartially, independently, in good faith and without fear, favour, bias or prejudice. It is however not merely enough for the institution to be impartial and independent, but such principles must be seen and felt daily in its public conduct and demeanor.

The Public Protector's decision to legally align herself with a political party, regardless of whether it breaks any law or not, is ill-advised, unfortunate, and has the potential to fundamentally dent that chapter 9 institution's reputation as an institution that is politically impartial. It makes a mockery of the very principles she ought to uphold in the eyes of the public.

Legal cases brought by the likes of the EFF and DA, far from being about the defense of the rule of law and the Constitution as they often claim, are naturally driven by oppositional political interests. It would be naive for anyone, least of all the Public Protector, to believe otherwise.

If the Public Protector had similar interest in the legal matter brought by the EFF, she could have brought her case before the Court separately instead of jumping into a political bandwagon of the EFF. It is unprecedented that a constitutional institution would volunteer itself as a willing and useful vehicle for a political party's agenda in this fashion.

The Public Protector's decision, including her attendance of the DA's Women's Day rally several years ago and the abuse of her position to personally advance a case brought by her daughter in her capacity as EFF member, only serves to fuel perceptions of pro opposition agenda bias. Her lack of political sensitivity and disregard for perceptions are reflective of someone who lacks wisdom and discernment, as one academic previously observed.

Issued by Moloto Mothapo on behalf of the Office of the ANC Chief Whip, 12 October 2015