[LISTEN] Mkhwebane's office adamant PP did not err

In June, Public Protector Busisiwe Mkhwebane ordered Parliament to amend the Constitution to change the mandate of the South African Reserve Bank (Sarb).

Mkhwebane has now admitted she was wrong to order amendments to the Constitution, to alter the Reserve Bank mandate and will not be opposing the Sarb application to overturn her findings that its mandate should be changed.

Eusebius McKaiser spoke to Mkhwebane in June where she said the role of the office of the Public Protector is to strengthen constitutional democracy.

Read: "Nothing stops the Public Protector investigating any conduct in state affairs"

Also read: Public Protector defends call for Constitutional changes

Related: Public Protector orders change of Constitution (to end inflation targeting)

Now he speaks to Public Protector spokesperson Cleopatra Mosana about her boss's about turn.

Mosana says Mkhwebane deliberated with her legal counsel and based on that deliberation she accepted that she will not pursue the issue of the remedial action with regards to the Reserve Bank.

She insists that this decision is because the issue has sparked public debate, and not because the findings of the report were incorrect. The 'crafting and drafting of the wording in the report' may have created misunderstanding, she suggests.

When asked about the Guptas and getting the law wrong she said:

I don't even know who the Guptas are.

Cleopatra Mosana, Public Protector spokesperson

This is the issue of technicality, at the end of the day she had to concede following deliberations.

Cleopatra Mosana, Public Protector spokesperson

In a heated debate between her and presenter Eusebius McKaiser, Mosana refused to admit that Mkhwebane got the law wrong in her report when she ordered amendments to the Constitution.

She did not get the law wrong that's why she said Parliament must initiate the process because that is not the process the Public Protector is in control of.

Cleopatra Mosana, Public Protector spokesperson

If the Public Protector drafted a recommendation for remedial action in a way that is being inconsistent with the Constitution, that undermines her own authority. Telling me that there was a mere drafting or crafting error is hardly a good defense of your boss because her job is to draft or to craft documents that are lawful.

Eusebius McKaiser, 702 preseneter

There is nothing wrong when as a person you consider that you might have made a mistake...

Cleopatra Mosana, Public Protector spokesperson

To hear more of this heated debate, listen below:


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