The Public Protector`s handling of Nkandla investigations leaves much to be desired

12 November 2013, Johannesburg

The South African Communist Party (SACP) has noted with concern, that the manner in which the Public Protector Advocate Thuli Madonsela handled the investigations process into security upgrades at President Jacob Zuma`s home in Nkandla leaves much to be desired.

The process reflects contaminations by prejudices. This is evident in what clearly appears to be some sort of a politically charged agenda involving possible collaboration with anti-majoritarian liberals, using a report, which is yet to be released, as a platform to ferment negative sentiment against the President and by extension the revolutionary alliance of our people as led organisationally by the African National Congress (ANC) as well as the democratically elected government that it leads. As it happened in the past, this agenda repeatedly comprises the use of the media to streamline and synchronise activities bent against the President, casting aspersions and finding him guilty in the "court of public opinion".

Of late what made matters worse are the comments made by Madonsela about a report that is yet to be released, clearly reflecting that she has taken sides, thus compromising the institution of the Public Protector. Referring to the report vis-à-vis the President, Madonsela has said that people will be disappointed that things are not bad as they seemed to be, and that she did not know where to submit her report. This waffling is riddled with trivial intentions and categorically shows that Madonsela is not serving the people as a whole but a particular section that would like things to be bad so they can perpetuate sectarian politics directed at discrediting the ANC-led government.

There is nothing whatsoever that justifies commenting on an unreleased report the way Madonsela has done on Nkandla. Her conduct has directly affected the integrity and credibility of the process undertaken and the institution of the Public Protector in a negative light. There can be no doubt we may not receive a fair report.

The SACP also reiterates its call for the Public Protector to take the South African population into her confidence by clearly spelling out her modus operandi. For instance, which cases does Madonsela take up or refer to other agencies? Also, what cases does she prioiritise and which ones does she not? Again, what criteria does she use to make such choices? The Public Protector has for years been sitting on some cases, and yet she takes up some new ones with "vigour". Her criteria seem to be that she prioritises those cases that to her are likely to "embarrass" government. It is for this reason that we feel Madonsela runs the risk of destroying the image and stature of the Office of the Public Protector, thus seriously compromising, amongst other things, the very important fight against corruption.

We are also deeply concerned that Madonsela behaves as if she is above the law and the Constitution, including her habit of investigating matters that are subject of investigation (or have been investigated) by other organs of state. We also wish that she desists from running the affairs of the Office of the Public Protector through the media. It is for some of these reasons that she is gradually losing the confidence of all the parties in Parliament.

Released by the SACP

Contact:

Alex Mashilo - Spokesperson
Mobile: 082 9200 308
Office: 011 339 3621/2
Email: alexmashilo.sacp@gmail.com