Parliament must act on Public Protector findings against Tina Joemat-Pettersson
Earlier today during a sitting of Parliament, I put forward a motion of censure against Agriculture Minster Tina Joemat-Pettersson, based on Public Protector, Advocate Thuli Madonsela's findings against the Minister in her report last year.
Minster Joemat-Pettersson was found to be in violation of section 11(1) of the Public Protector Act for trying to interfere in her investigation. In terms of this section, read together with section 181 (4) of the Constitution, anyone found to be interfering in the Public Protector's investigations is liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding 12 months or both such fine and such imprisonment.
According to Adv Madonsela in her report - Docked Vessels - she received a letter from the Minister of Justice and Constitutional Development (Minister of Justice), attaching a letter from Minister Joemat-Pettersson requesting the Minister of Justice to intervene in the investigation and that of the NPA, which she labelled unnecessary.
The report by the Public Protector clearly states: ". I consider Minister Joemat-Pettersson's action as conduct constituting interference with my investigation and an attempt to incite the Minister of Justice and Constitutional Development to undermine the independence of two constitutional bodies. Such conduct, in my considered view is at odds with section 181(4) of the Constitution which states that ‘no person or organ of state may interfere with the functioning of these institutions (this refers to Chapter 9 institutions)".
The above findings clearly warrant serious action, not only by President Zuma - who should urgently relieve her of her duties - but by Parliament, as the body with a constitutional mandate to hold the executive to account.