Public Protector's Findings: President should not be allowed to rewrite Constitution by stealth

The Democratic Alliance (DA) notes with concern two developments regarding the response of President Jacob Zuma and the Speaker of the National Assembly to the findings of the Public Protector's SAPS lease deals reports.

First, a letter tabled in Parliament sent by President Jacob Zuma to Speaker Max Sisulu strongly indicates that the President has no intention of holding either the Minister of Public Works, or the National Police Commissioner, accountable for the improper and unlawful conduct of which the Public Protector found them both guilty.

Secondly, reports that the Speaker has referred the Public Protector's reports to Parliament's Standing Committee on Public Accounts (SCOPA) illustrates that the ANC is seeking to abuse parliamentary mechanisms to bury Public Protector Adv Thuli Madonsela's damming findings.

The Public Protector, as a Chapter Nine institution, reports annually to Parliament but its independence is enshrined in the Constitution. Therefore, neither the Speaker, nor Parliament, has a mandate to amend or alter the findings of the Public Protector's report in any way.

Comments reportedly made by SCOPA chair Themba Godi- that SCOPA would seek legal advice regarding its handling of the Public Protector's reports, including whether SCOPA had the right to debate and amend Adv Madonsela's findings and recommendations- expose the motivation that underlies the Speaker's decision to refer the report to this committee.

This statement is reminiscent of one made recently by ANC Treasurer General Mathews Phosa, that Parliament should table, debate and, if necessary, amend the Public Protector's report on the dodgy SAPS lease deals.

Such sentiment is deeply misguided, and must be opposed at all costs. Any attempt by Parliament to alter the Public Protector's report would constitute a direct undermining of the constitutionally enshrined independence of this institution. It is of deep concern that the Speaker appears to be doing just that.

At the same time that the Speaker seeks to bury the Public Protector's report in Parliament, President Zuma's letter to the Speaker appears to be an attempt to assuage growing criticism of his failure to act decisively against two high ranking members of government.

It is a feeble attempt to show that some action is being taken. However, its content indicates that the President continues to vacillate on what action, if any, will be taken against the disgraced Minister of Public Works and the National Police Commissioner.

In this letter, the President makes no direct mention of any punitive steps that have been taken against the Minister of Public Works. With regard to the National Police Commissioner, the President states merely that Commissioner Cele has submitted a formal response to the Minister of Police concerning allegations made against him and that, obtusely, "the Minister of Police will undertake further work with Ministers of Treasury and Public Service and Administration." Given that Commissioner Cele inexplicably cancelled two scheduled press conferences on this matter, the public know nothing of the Commissioner's response to the Public Protector's report.

These statements highlight exactly what is wrong with the President's response to this debacle. The Public Protector's report does not contain "allegations", as the President refers to them, but rather findings that were arrived at after an exhaustive investigation by an independent body.

In addition, Commissioner Cele's responses to the allegations leveled against him would have been considered by the Public Protector as part of the compilation of her report. For the Minister of Police to request that Commissioner Cele responds to such "allegations" after the Public Protector's report has been published undermines the independence of this body.

The President, as the head of the executive, should no longer be permitted to delegate responsibility to other ministers for ultimately deciding the fate of the National Police Commissioner. It is the President that must take this decision. The Public Protector has compiled two reports into dubious SAPS lease deals, both of which clearly and decisively state that Commissioner Cele was guilty of serious misconduct. His position, and that of the Minister of Public Works, is untenable.

The President cannot be allowed to rewrite the constitution by stealth, and classify the Public Protector's findings as open to amendment. Adv Madonsela's findings were clear and her recommendations for remedial action unambiguous. With each day that passes, public confidence in the President, his administration and the SAPS is waning. President Jacob Zuma must take action against those implicated in the Public Protector's report without further delay.

Statement issued by Athol Trollip MP, DA Parliamentary Leader, August 10 2011

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