ANC STATEMENT ON STATE AND PARTY FINDINGS OF THE PUBLIC PROTECTOR

6 May 2016

The African National Congress has noted with extreme concern the report in the Mail and Guardian newspaper published today, 6 May 2016, according to which the Public Protector, Ms Thuli Madonsela is reported to have said “When a minister is in an event as a minister, not as a party representative, he or she can not endorse a particular party”.

While we unambiguously accept that state resources should never be utilised to political party campaigning, it is our assertion that this view by the Public Protector is unfortunate. Consequently, the African National Congress urges government to seek review of the findings and the far reaching implications of the Public Protector’s report.

The South African proportional representation electoral system accords that voters vote not for individuals but for political parties. The party chooses the individuals that will represent them in Parliament and it is from these Members of Parliament that the majority party selects the Members of the National Executive in line with Section 91 of the Constitution. Cabinet members do not change their allegiance to their political parties nor claim to be non-partisan once they are appointed to Cabinet.

They are tasked with the implementation of the policies of the governing party; on the basis of which the party was endorsed by the electorate. Wherever they appear in public they remain deployees and ambassadors of that party. It is not inconceivable that in the execution of their tasks they will refer to the successes and challenges of the ANC led government they have been tasked to serve in as it is the ANC programme they are driving with it's mandate derived from the people. 

This constituted government remains in force until a new government is elected and formed through our regular elections. Until then, the National Executive has a constitutional obligation to deliver on government tasks - even during an election period.

The Public Protector's conflation of political party with private interests further seems to go against international practice. In all governments around the world, there is a dynamic distinction between party political and state interests because the governing party invariably determines policy through the democratic process of government.

Statement issued by Zizi Kodwa, ANC national spokesperson, 6 May 2016