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DA's malicious campaign against the Office of the Public Protector

11 October 2017

The Office of the ANC Chief Whip is disturbed by the DA's malicious campaign against Public Protector Adv. Busisiwe Mkhwebane and her Deputy Adv. Kevin Malunga. In the DA's latest effort to undermine and question the bonafide of the Public Protector and her deputy, they have issued two frivolous complaints to parliament for the removal of the Public Protector and an inquiry into the Deputy Public Protector.

The DA's request for the institution of removal proceedings against the Public Protector have absolutely no grounds and remain unfounded. Section 194 (1) (a) of the Constitution states quite clearly that the Public Protector may be removed from office on a finding of "misconduct, incapacity or incompetence" by a committee of the National Assembly, followed by the adoption of a resolution on said removal by two thirds of members of the National Assembly. There is currently no finding of any misconduct, incapacity or incompetence against Adv. Mkhwebane by any committee of Parliament.

It is quite insulting for the DA to allege that because there were reports of the Public Protector that were taken on judicial review; those are an indication that Adv. Mkhwebane has a poor understanding of both the law as well as her powers in relation thereto. Previous Public Protectors have had their reports taken on judicial review without that resulting in questioning the Public Protector's ability to hold office. A report being taken on review does not reflect negatively on the Public Protector, in fact that is part of our jurisprudence.

This is not the first time the DA has exposed their vendetta against Adv. Mkhwebane. They previously levelled defamatory allegations against Adv. Mkhwebane claiming that she was involved in some illegal spying operations. It is shameful that the DA would stoop so low to disparage Adv. Mkhwebane merely because she was not their preferred candidate for the position of Public Protector. These claims are a continuance of a vendetta the DA has against the current Public Protector.

In their shameful pursuit of the Office of the Public Protector, they are calling for an inquiry into Deputy Public Protector Adv. Kevin Malunga alleging that he unlawfully terminated an investigation into the Ekurhuleni Municipality. This investigation is not closed as the false narrative that is being bandied in the media suggests. This call for an inquiry is therefore a ridiculous attempt to get publicity. These claims are baseless and point to a dirty political campaign to taint the good name of the Office of the Public Protector.

We call on the Portfolio Committee on Justice and Correctional Services to reject this public stunt by the DA which seeks to demean and erode the integrity of the Office of the Public Protector.

Issued by the Office of the ANC Chief Whip

Nonceba Mhlauli
ANC Caucus Spokesperson
072 623 3462

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