EFF rejects calls for removal of Public Protector
28 May 2019
The EFF rejects calls for the removal of the Public Protector, Adv. Busisiwe Mkhwebane, from office simply because she found against Pravin Gordhan. The calls have emanated from NGO's like the Kathrada Foundation, Freedom Under Law, Outa as well as COSATU, and the SACP. We reject the calls as a direct attack on a Chapter 9 constitutional institution. They are also reactionary and steeped in the politics of personality cult as they portray Pravin Gordhan above the law and not subject to a Chapter 9 institution.
In 2016, the Constitutional Court, in the EFF vs. The Speaker of the National Assembly case, established that the Public Protector's reports and remedial action are subject only to a court review. Anyone, be they a sitting president like Zuma or Pravin Gordhan is subject to this law. When they have problems with the decisions of the Public Protector, it has become reactionary to call for a removal of whoever occupies that office when instead, they must go to court.
This provision is made possible by our law because the office, like any lower courts, is expected to err, and like lower courts, its decisions are subject to higher courts. If we remove people from these offices on these bases, then we must equally remove the provisions for review in law.
We are of the view that the Kathrada Foundation is becoming a racist organization that speaks only when Indians are touched. Of all the pronouncements by the PP, with substance, they have elected to single out Gordhan and defend him because they are racist. In addition, the foundation is engaged in an unconstitutional campaign, simply because in its view Pravin Gordhan must be untouchable. Both these practices go against the values and principles that Ahmed Kathrada stood for.