DA'S COURT THREAT TO PUBLIC PROTECTOR
14 May 2012
The Office of the ANC Chief Whip has noted with grave concern the threat by DA leader, Helen Zille, to haul the Public Protector, Adv Thuli Madonsela, before the court if she does not reverse her interim findings on the party's dubious communications contract.
Whether the DA has a case for the public protector to answer is a matter for courts to decide; however, it is sad that such is being done at the expense of the taxpayers simply to sustain the indefensible myth of a ‘clean and efficient governance'. We believe that Zille's threat is nothing short of a political manoeuvre designed to bully the Public Protector and thereby send a chilling message to chapter 9 institutions that the party is untouchable.
Chapter 3 of the constitution encourages all spheres of government and all organs of state to cooperate with one another in mutual trust and good faith by, amongst others, "avoiding legal proceedings against one another". The threatening message of ‘if you find against us we'll see you in court' is a blatant abuse of taxpayers' money and undermines the respect, trust and confidence the public have in the state institutions supporting our democracy
The legal threat also sets a worrying precedent in that chapter 9 institutions such as the public protector may in future be forced to spend their budget allocations defending themselves in court against government institutions than on their statutory obligations.
The DA's bully tactics directed at chapter 9 institutions are not new.
During the 2011 local government elections, the DA accused the SA Human Rights Commission of being quick to make a ruling on the Makhaza open toilets matter - whose ruling the party also challenged - but taking longer with regard to the alleged Free State toilet matter. We called on the DA at the time to desist from dragging the commission into its electioneering battles and questioning the commission's integrity and the political impartiality.
It is hypocrisy for the DA to wax lyrical about the public protector's excellent performance when it finds against the ANC, and yet come out guns blazing when it finds against its own administration.
The DA's public noise and threats, even before the report is finalised, is illustrative of a party in desperation and unable to present convincing evidence to counter draft findings. We call on the DA to embrace the final findings of the office of the public protector and implement its recommendations. These institutions have made findings against the ANC government in the past, which we have embraced and implemented in the interest of an effective, clean and accountable government.
We also call on the office of the public protector not to bow to the DA's bully tactics or political pressure and continue to conduct its business without fear or favour.
Statement issued by the Office of the ANC Chief Whip, Parliament, May 14 2012
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