The ruling party has labelled Public Protector Thuli Madonsela’s decision to join the Economic Freedom Fighters’ Constitutional Court bid to force President Jacob Zuma to pay back some of the R246-million spent on his private Nkandla home as ill-advised and unfortunate.
Spokesperson of the ANC in Parliament Moloto Mothapo on Monday said there was nothing in law and in terms of court procedures that prevented Madonsela’s office from aligning itself with political parties in legal matters. But‚ though perceptions‚ just like morality‚ could never be sufficiently regulated under the law‚ they were critical to the institution’s work and public image.
“It is thus important that the institution‚ in its conduct and posture‚ always inspires the public’s faith and confidence in its ability to act impartially and independently. Without public confidence‚ the oxygen that gives it life‚ the institution’s ability to credibly carry out its Constitutional function would be severely undermined‚” he said in a statement.
Last week the court admitted Madonsela as a third respondent in the case.
According to Mothapo‚ both the Public Protector Act and the Constitution enjoin adonsela’s office to conduct its work impartially‚ independently‚ in good faith and without fear‚ favour‚ bias or prejudice.
He said it was however not merely enough for the institution to be impartial and independent‚ but that such principles must be seen and felt daily in its public conduct and demeanour.
“(Madonsela’s) decision to legally align herself with a political party‚ regardless of whether it breaks any law or not‚ is ill-advised‚ unfortunate‚ and has the potential to fundamentally dent that chapter 9 institution’s reputation as an institution that is politically impartial. It makes a mockery of the very principles she ought to uphold in the eyes of the public‚” Mothapo said.
He said legal cases brought by “the likes of the EFF and DA”‚ far from being about the defence of the rule of law and the Constitution as they often claim‚ were naturally driven by oppositional political interests.
“It would be naive for anyone‚ least of all the Public Protector‚ to believe otherwise. If the Public Protector had similar interest in the legal matter brought by the EFF‚ she could have brought her case before the Court separately instead of jumping into a political bandwagon of the EFF. It is unprecedented that a constitutional institution would volunteer itself as a willing and useful vehicle for a political party’s agenda in this fashion‚” Mothapo said.
He said Madonsela’s decision‚ including her attendance of the DA’s Women’s Day rally several years ago‚ and the abuse of her position to personally advance a case brought by her daughter in her capacity as EFF member‚ only served to fuel perceptions of pro-opposition agenda bias.
“Her lack of political sensitivity and disregard for perceptions are reflective of someone who lacks wisdom and discernment‚ as one academic previously observed‚” he added.
-Sipho Masombuka [RDM News Wire]
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