Public Protector's defence does not make sense at all - law expert

The Democratic Alliance is moving to have the Public protector Busisiwe Mkhwebane removed from her office

This is after the South African Reserve Bank accused Mkhwebane of colluding with the Presidency to attack and undermine the authority of the central bank.

702's Stephen Grootes spoke to the Public Protector's spokesperson, Cleopatra Mosana, who denied any wrong doing.

Mosana says Mkhwebane was asked to provide clarity on her Bankorp report by the Presidency after she had written to them, complying with Section 7.9 of the Public Protector's Act.

Read: Mkhwebane's spokesperson says nothing sinister about Zuma and SSA meeting

When she wrote correspondence to the Presidency, they then requested to meet with Mkhwebane to get clarity. So there was nothing sinister about the meeting.

Cleopatra Mosana, Spokesperson to the Public Protector

Mosana also says that the Reserve Bank never requested to meet with Mkhwebane which is why it was not part of the meeting.

Senior lecturer at UCT, Cathy Powell, says the Public Protector's Act does not in any way say that implicated parties need to apply or request a meeting but it is up to the Public Protector to afford the implicated party a chance to respond.

It is only the Public Protector who is going to know before the report is released who is implicated so it is only the Public Protector than can contact the other people.

Dr Cathy Powell, Senior lecturer in Public Law at the University of Cape Town

Powell says what Mosana is saying in defence to the Public Protector does not makes sense.

What appears to have happened is that there was a draft report under the previous Public Protector, and then she changed the entire ambit of the investigation but spoke to only two parties, the Presidency and State Security, neither of which were implicated.

Dr Cathy Powell, Senior lecturer in Public Law at the University of Cape Town

Mkhwebane then did not report that she had met with these two entities, something she is required to do, adds Powell.

On the face of it, there is something very sinister indeed because it is a clear appearance of bias.

Dr Cathy Powell, Senior lecturer in Public Law at the University of Cape Town

To hear the rest of the interview, listen below:


Recommended

by THE NEWSROOM

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Mkhwebane's spokesperson says nothing sinister about Zuma and SSA meeting

Mkhwebane's spokesperson says nothing sinister about Zuma and SSA meeting

Details contained in an affidavit reveal Mkhwebane met with the two parties to discuss amending the SARB's constitutional mandate.

One should be worried about Mkhwebane's independence - Brown

One should be worried about Mkhwebane's independence - Brown

The South African Reserve Bank has accused the Public Protector of conspiring with the Presidency to attack the central bank.

Mkhwebane must explain conspiring with Presidency before Bankorp report release

Mkhwebane must explain conspiring with Presidency before Bankorp report release

The Reserve Bank has accused Mkhwebane of conspiring with the Presidency to undermine the authority of the Reserve Bank.

Public Protector, CoCT to sign Masiphumelele deal

Public Protector, CoCT to sign Masiphumelele deal

Public Protector Busisiwe Mkhwebane will meet with the Mayor Patricia de Lille to discuss the Masiphumelele township.

Sarb governor Lesetja Kganyago welcomes court ruling affirming bank's mandate

Sarb governor Lesetja Kganyago welcomes court ruling affirming bank's mandate

The central bank welcomed a High Court judgment affirming the institution’s inflation targeting mandate, the bank’s governor said.

Mkhwebane's remedial action of Reserve Bank's mandate set aside by High Court

Mkhwebane's remedial action of Reserve Bank's mandate set aside by High Court

Judge John Murphy endorsed the Reserve Bank Governor Lesetja Kganyago's criticism of Mkhwebane's findings.

Mkhwebane to act as mediator between De Lille and Masiphumelele community

Mkhwebane to act as mediator between De Lille and Masiphumelele community

The City has three weeks to draft a resolution plan, mapping out the interventions that it has committed to make in Masiphumelele.

Sarb governor says he was asked if he would quit after PP recommendation

Sarb governor says he was asked if he would quit after PP recommendation

Reserve Bank Governor Lesetja Kganyago appeared before Parliament’s standing committee on finance on Tuesday.

Sarb not backing down on court bid to overturn Mkhwebane's remedial action

Sarb not backing down on court bid to overturn Mkhwebane's remedial action

Reserve bank officially approached the court to set aside Mkhwebane's remedial actions to change the mandate of the Reserve Bank.

Popular articles
[WATCH] Grootes's take on why EFF silent on Dlamini's SABC interview

[WATCH] Grootes's take on why EFF silent on Dlamini's SABC interview

702 Afternoon Drive host Stephen Grootes's comment involves past dealings that involve EFF national chair, Advocate Dali Mpofu.

Punitive tariff hike for water guzzlers to hit CT households where it hurts

Punitive tariff hike for water guzzlers to hit CT households where it hurts

Harsher punitive tariffs on the cards as 'Day Zero' becomes a reality as the result of 60% of Capetonians who ignore water limits.

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)

WATCH: Innovative spray limits toilet flushes and saves water

WATCH: Innovative spray limits toilet flushes and saves water

Loo Me is a simple yet effective scented foam that takes the yuck out of "mellowing" toilets preventing multiple flushes.

I was not introduced to Ajay Gupta - Grootes

I was not introduced to Ajay Gupta - Grootes

Stephen Grootes says he believes former Eskom CEO Brian Dames when said he was not formally introduced to the Gupta family.

It's not the end of the road... Top tips to improve your matric

It's not the end of the road... Top tips to improve your matric

"Recognise that it’s not the end, it’s the beginning." Expert advise for school-leavers who want to improve their results.