It is not too late for PP to regain our trust and be the best PP
The two recent decisions by the Public Protector (PP), Adv. Busisiwe Mkhwebane, may prove to be a turning point and help her to become one of the best Public Protectors ever produced by our country. The decision not to oppose the application by the SARB to set aside her legally flawed remedial action, and her decision to oppose President Zuma’s bid to set aside Thuli Madonsela’s remedial action on the appointment of a judicial commission of inquiry into state capture, may have demonstrated her realisation that unless she is actually seen to be acting independently and scrupulously within the law, her reputation as a PP and an advocate will be ruined.
As a disclaimer, I need to mention here that I know Adv. Mkhwebane pretty well. I worked very closely with her as my manager for four years when we both worked for the National Department of Home Affairs between 2005 and 2008. I know her as a woman of integrity and principle. She is a longstanding and dedicated public servant that has genuine concern for the welfare of ordinary South Africans. She is a woman of God, not a politician.
She has weaknesses just like all of us, but she is more than capable to become one of the best PP’s South Africa has ever had. I say this knowing very well that, when secured, she has an amazing ability to marshal all human and material resources at her disposal and deploy those for maximum effect. She can listen to advice even from a lowly official. She is a very strong manager and leader in her own right.
Simultaneously though, I do believe that her long spell in the public service as a senior government official may be affecting her ability to act in a manner that makes her seen to be acting independently as a PP. I say this because in the public service there is a very strict code and culture for senior public servants to act within the confines of the foreboding hierarchy. This hierarchy demands that the wishes of both the administrative and political leadership of government are carried out in a robotic fashion, thus demonstrating loyalty to this leadership.
Accordingly and having operated at a senior level in government for many years, this culture of administrative and political leadership deference may have afflicted her more than she realises. It can take a while to unlearn this and may be her worst hindrance and a monkey that she needs to get off her back like yesterday. Therefore, the sooner Adv. Mkhwebane realises that she is no longer part of government, the better for her and South Africa. I believe that she has the capacity to pull through these early legal mishaps, only if she constantly remembers that she is not there to serve any government hierarchy.