MKMVA condemns the malicious public attacks on the Public Protector, and calls for the PP to be allowed to carry out her constitutionally defined duties without fear or favour
29 June 2019
The Umkhonto we Sizwe Military Veterans Association (MKMVA) is deeply concerned by the array of public attacks that are constantly being directed at the Public Protector, Advocate Busisiwe Mkhwebane. More recently these attacks have increased in their scope and intensity, with the latest attacks accusing her of somehow being ‘politically motivated’, and acting in favor of, or trying to, advance the interests of some ‘faction’ within the African National Congress (ANC). It should be noted that these allegations are contrived, and that there is absolutely no evidence of such conduct by Advocate Mkhwebane.
It is helpful to note that these attacks are often initiated by parties who are under investigation by the Public Protector, or by the supporters of those who are under investigation, and who thus have a vested interest to try and undermine the integrity of the Public Protector in person, as well, as her high office in general. MKMVA believes that when faced by such unfortunate conduct we must keep cool heads and return to the basic provisions of our Constitution. It is critical to always appreciate that the Office of the Public Protector is one of the Chapter Nine Institutions that have, in terms of Chapter Nine of our Constitution, been established to protect our constitutional democracy, and the rights of every South African citizen. Those who attack the Office of the Public Protector do so at their own peril, and inadvertently also undermine the Constitutional protection of their own human rights.
Our Constitution stipulates in Chapter Nine, Clause 181, that these Institutions must strengthen constitutional democracy in the Republic, and that these Institutions must be independent, and subject only to the Constitution and the law. They must be impartial and must exercise their powers and perform their functions without fear, favor or prejudice. Furthermore that other organs of state, through legislative and other measures, must assist and protect these Chapter Nine Institutions to ensure the independence, impartiality, dignity and effectiveness of these Institutions. No person or organ of state may interfere with the functioning of these Institutions. These Institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.
Among the said Chapter Nine Institutions, the Public Protector is of particular importance, because this Institution, as the name indicates, forms the first line of defense and protection of the Constitutional Rights and interests of all South Africans. To launch deliberate and malicious public attacks on the Public Protector are actually tantamount to undermining the Constitutional protection of each and every citizen. This is nothing short of treasonous.
It must be noted that anyone who disagrees with a finding/ruling of the Public Protector has adequate provision within the law to take such a finding on review. However, in doing so all the legal processes must be respected, and allowed to take their course without interference. Furthermore, it is disingenuous to abuse any application for review as a platform to then try to malign the Public Protector, and launch public propaganda attacks.
Unfortunately this is exactly what we have seen in recent times, and sadly some senior politicians within the ANC, and our Alliance ranks, have made themselves guilty of such unbecoming behavior. Some of these attacks have been very personal against Advocate Mkhwebane, and it is the distinct impression of MKMVA that Advocate Mkhwebane is also under attack for being woman. It is truly sad that the insidious patriarchal nature of our society leads to such attacks, which indicate that our society finds it difficult to accept and support strong and independently minded women.
MKMVA calls for these attacks against Advocate Mkhwebane to cease immediately, and for her to be allowed to do her work in a conducive and supportive atmosphere, in accordance with the provisions of our Constitution that the Chapter Nine Institutions must be protected in order to ensure their independence, impartiality, dignity and effectiveness.
MKMVA commends President Ramaphosa for his expressed willingness to cooperate with the Public Protector regarding the investigations that she is conducting concerning matters about the alleged improper conduct of the President, and some parties associated with him. It is good that the President is taking the lead in doing the right thing, and we call on other South Africans to heed his example.
In conclusion MKMVA wants to make an overall principled call on each and every South African citizen to behave in a manner becoming of a nation that only twenty five years ago managed to free ourselves from the shackles of the apartheid regime, which was universally recognized as one of the most oppressive regimes in the world. We fought hard, and many people sacrificed their lives, for the human rights, Constitutional protection and human dignity that we are now all able to enjoy. Any conduct that undermines our human rights, and the Institutions that we have put in place to protect those rights - such as the Public Protector - should be anathema, and condemned without reservation.
Issued by Carl Niehaus in his capacity as National Spokesperson of MKMVA, on behalf of the President of MKMVA, comrade Kebby Maphatsoe, 28 June 2019
