Legal expert: No comparison between Madonsela and Mkhwebane recommendations

A legal expert has explained why South Africans cannot compare the recent recommendations made by Public Protector Busisiwe Mkhwebane to those made by her predecessor Thuli Madonsela.

Some critics have said Mkhwebane is overreaching in her proposal that Parliament change the Constitution to amend the mandate of the Reserve Bank.

Others have compared Mkhwebane's remedial action to Madonsela's call for a judicial commission of inquiry into state capture, headed by a judge selected by Chief Justice Mogoeng Mogoeng.

Public law lecturer Cathy Powell says the recommendations are not at all the same.

There is absolutely no comparison between the two.

Cathy Powell, Senior Lecturer in Public Law at UCT

The Thuli Madonsela recommendation is in response to specific misconduct.

Cathy Powell, Senior Lecturer in Public Law at UCT

Mkhwebane is also responding to misconduct but she hasn't provided the evidence for the misconduct.

Cathy Powell, Senior Lecturer in Public Law at UCT

Although Mkhwebane is supposed to deal with the existing law and Constitution, she is actually taken her briefing as working out what the existing law and Constitution should be.

Cathy Powell, Senior Lecturer in Public Law at UCT

Take a listen to her legal analysis:


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