Public Protector's findings: President, not Parliament, responsible for remedial action

The Democratic Alliance (DA) is deeply concerned by the apparent disregard of senior ANC members for the mandate of the Public Protector's Office. Comments 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 are deeply problematic (see IOL report).

The Public Protector, Adv. Thuli Madonsela, found National Police Commissioner Bheki Cele and Minister of Public Works Gwen Mahlangu-Nkabinde guilty of conduct that was improper, unlawful and amounted to maladministration. Adv. Madonsela also called for action to be taken against those implicated in her report. It is now up to President Jacob Zuma, not Parliament, to ensure that the necessary disciplinary steps are taken against those found guilty of misconduct.

The independence of the Public Protector's Office is guaranteed by the Constitution. Parliament has no mandate whatsoever to amend the Public Protector's report, despite what Mr Phosa asserts. It is not Parliament that is "supreme", as Mr Phosa argues, but the Constitution.

The ANC should not be allowed to further delay the process of holding those implicated in Adv. Madonsela's report accountable for their misconduct. While there may be merit to Parliament discussing the report in order to facilitate the oversight process and ensure that the Executive acts on its findings, the decision about what action will be taken against those found guilty of wrongdoing can, and must, be made by the President alone.

It is unacceptable that, more than a week after Adv. Madonsela released her report into the SAPS lease deals, neither the President, nor Minister of Police Nathi Mthethwa, nor Commissioner Cele, nor Minister Mahlangu-Nkabinde have commented directly on the report's findings. These are not the actions of an administration that respects transparency, accountability and the constitutional mandate of the Public Protector.

Now is the time for President Zuma to show real leadership, to show that he is serious about combating corruption and maladministration and, importantly, to show that he is able to put the needs of the country ahead of the needs of his party. Those implicated in the Public Protector's report simply must be held to account - rigorously and visibly so - for the manner in which they conduct their affairs.

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, July 22 2011

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