Text of the letter from Public Protector, Thuli Mandonsela to Minister of Communications Ms Faith Muthambi, MP, August 4 2014:

Dear Minister Muthambi

NOTICE IN TERMS OF SECTION OF THE PUBLIC PROTECTOR ACT, 1994.

INVESTIGATION INTO ALLEGATIONS OF IRREGULAR APPOINTMENT OF MR HLAUDI MOTSOENENG INTO THE PERMANENT POST OF A CHIEF OPERATIONS OFFICER OF THE SOUTH AFRICAN BROADCASTING CORPORATION (SABC)

1. Your letter dated 30 July 2014 has reference,

2. Having noticed the tone of the said letter and the demeanour of and remarks made by you, regard it as prudent to refer you to section 9(1) of the Public Protector Act, 1994 which prohibits contempt of the Public Protector and reads as follows:

"No person shall-

(a) Insult the Public Protector or the Deputy Public Protector,

(b) in connection with an investigation do anything which, if the said investigation had been proceedings in a court Of law, would have constituted contempt of court."

3. Despite your statement to the effect that you have a duty to protect the constitutional position of my office to carry out its mandate within the parameters of the law, the tone of your letter shows nothing but contempt, For example you say you do not wish to debate the matter with me through letters, and then make a decision not to appear before me. I invited you to a meeting and your response does not say you are unable to attend but rather that you choose not to attend. If this is not contemptuous, what is?

4. I expect your lawyers to have advised you that our Constitution entrenches the supremacy of the Constitution and the rule of law. In terms of the rule of law, nobody is above the law. This entails among others; that you may not choose which forum you will account to and which forum you ignore.

5. In terms of the Constitution and the law I have the power to supervise administratively your exercise of your powers to ensure that such exercise is within the confines Of the Constitution and the law. You do not have the power to ignore me. If you have any concerns you could raise these with me when we meet.

6. Your attention is drawn to section 182(3) of the Constitution which states the following: "The Public Protector may not investigate Court decisions". You will note that the proscription is confined to a matter where a court of law has already decided. Nothing in this provision says you may ignore my request for you to account for your actions simply because another complainant has subsequently approached a court of law on the same or similar issues.

7. My understanding is that if my process can resolve the matter expeditiously, the loss Of time and money entailed in the court proceedings would be averted.

8. I have in the circumstances been left with no option but to issue a subpoena in terms of section 7(4)(b) of the Public Protector Act to compel you to come to the said meeting.

9. Please note that should you continue to defy the Constitution by refusing to account to this office, will not hesitate to proceed to contempt proceedings in terms of my powers under section 9(2) of the Public Protector Act.

Best Wishes

ADV THULI MADONSELA

PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA

Source: Beeld.

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