THREATS TO THE PUBLIC PROTECTOR
The F W de Klerk Foundation is deeply concerned by reports that appeared in the media on 6 July that Adv Thuli Madonsela, the Public Protector, was about to be arrested on fraud charges. Ministers and senior officials immediately denied the reports.
The Minister of Justice, Mr Jeff Radebe, said that an internal investigation in 2007 relating to contracts that Madonsela's company, Waweth Resources CC, had with the Department of Justice, had found that she had not violated any laws. Radebe denied that the DOJ had instituted any proceedings against her.
The Minister of Police, Nathi Mthethwa, referred to the reports as ‘malicious lies'. He and police commissioner Bheki Cele claimed that they were not aware of the investigation or of the pending arrest. However, on 8 July the Star published an internal SAPS document dated 1 April relating to an official police investigation into the Public Protector, apparently in response to a case lodged at " a Pretoria police station".
The document was addressed to the head of commercial crime within the Directorate of Priority Crime Investigation (the Hawks). It is thus clear that the SAPS were indeed investigating Madonsela - but there was no documentary proof that she was about to be arrested.
Suspicions were immediately raised that some unknown party was using the investigation to intimidate Adv Madonsela, because she is clearly intent on carrying out her duties "without fear, favour or prejudice" as required by the Constitution. S. 182 of the Constitution gives the Public Protector the power to "investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice", "to report on that conduct" and "to take appropriate remedial action."