PUBLIC PROTECTOR'S REPORT ON NKANDLA SHOUD BE SUBMITTED TO PARLIAMENT

30 October 2013

The Office of the ANC Chief Whip has today written to the Speaker of the National Assembly requesting him to consider advising the Public Protector, Adv Thuli Madonsela, to submit her report on her investigation into the upgrade of President Jacob Zuma's residence in Nkandla to Parliament. The Public Protector has expressed her dilemma in the media pertaining to where her report should be submitted. This is because the Executive Members' Ethics Act does not provide to whom the report should be submitted when the matter under investigation involves the President. 

Our view is that the Public Protector should not be in a dilemma, as there are sufficient oversight mechanisms available to deal with any eventuality in her scope of operation. In an event that the Public Protector may not issue findings of an investigation to the President due to lack of clarity in the Act governing the conduct of the Executive, Parliament should be the competent oversight authority to deal with such a report. Both the President and the Public Protector are appointed by, and are accountable to, Parliament in terms of the Constitution.

It is noteworthy that the Public Protector has neither approached Parliament regarding her dilemma nor proposed to the institution the necessity for a legislative intervention.

It is unfortunate that the Public Protector's public remarks regarding her dilemma have subtly sought to try the President and his Executive in a court of public opinion. 

Her inferences in the media regarding lack of oversight mechanism over the President and regarding her predicament have unfairly projected the President and his Executive as law unto themselves who do not want to be held accountable. There is no doubt that the President's dignity has been unfairly harmed by all these inferences in the media. This does not augur well for fairness and justice.

We are hopeful that the Speaker of the National Assembly will accede to our request for the report to be submitted to Parliament, which should then subject it to an appropriate parliamentary process.

Statement issued by the Office of the ANC Chief Whip, Parliament, October 30 2013

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