The Congress of South African Trade Unions is outraged at the raid by SA Police Service members on the office of the Public Protector, Thuli Madonsela, on 2 March 2011.
While we welcome the statements by the spokespersons of both the SAPS and Bheki Cele, condemning the raid and denying that they sanctioned it, this begs the question of who then did sanction and authorise the raid. The SAPS must urgently investigate and find and punish those responsible.
The raid follows the publication of a report by the Public Protector that found the Department of Public Works and the SAPS guilty of improper conduct and maladministration.
Public Works Minister, Gwen Mahlangu-Nkabinde, approved a R500 million lease for the Sanlam Middestad Building in Tshwane, despite having received advice from two senior counsel that the deal was unlawful. The report found that the lease agreement between the department and the Roux Property Fund was invalid and called for it to be urgently reviewed.
The minister's decision was taken despite an undertaking by her predecessor, Geoff Doidge, not to finalise the lease until after the Public Protector had reported. She also suspended her Director General, Siviwe Dongwana, on the day he was to be interviewed by the Public Protector.
Madonsela also found Police Commissioner, Bheki Cele, to have been involved in improper, unlawful conduct that amounted to maladministration. Although he did not sign the actual lease, he did sign a memorandum dated May 10 2010, which authorised funding for the lease.
As head of the SAPS, responsible for the enforcement of the law, Cele must be above any suspicion that he himself has broken the law. He, and the minister, are innocent until proved guilty, and have the right to defend themselves. Cele has indeed interpreted the report as a vindication of his position, but that must be investigated independently and the truth established.
COSATU is therefore shocked that any SAPS members would think they have the right to raid the office of the Public protector, a public servant who is empowered by the constitution of South Africa to prevent the public from exactly the kind of arbitrary action by the state of which she herself is now a victim.
The SAPS spokesperson says they believe that the raid was an attempt to get hold of documents in her report, and has conceded that it "is going to be seen as an intimidation of the office of the Public Protector and we need to put it on record that we respect and support the office of the Public Protector."
COSATU insists that the Office of the Public Protector is a cornerstone of our democracy. It is a last resort for citizens who have failed to receive justice from the state and for whistle-blowers who want to expose crime and corruption. Any doubt as to the independence of the office could deter people from lodging their complaints and jeopardise all its work.
Statement issued by Patrick Craven, COSATU national spokesperson, March 3 2011
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