Chairperson of Freedom Under Law, and former constitutional court judge, Judge Johann Kriegler says while the Public Protector, Busisiwe Mkhwebane is following her legal mandate, she is using her powers in a way that the Constitution of South Africa did not foresee.
Judge Kriegler is responding to reports in the Sunday Times that Mkhwebane is probing President Cyril Ramaphosa for alleged money laundering to the tune of R400m as part of his ANC presidential campaign fund.
He says judging by how she went off the rails in her previous reports, Mkhwebane has become a "rogue unit".
I have a picture in my mind of a traffic cop who is given the powers to police the roads but here we have a lady who is no longer on a motorbike but on a road grader, using the powers but using them in a way that the law did not contemplate.— Judge Johann Kriegler, Chairperson - Freedom Under Law
Kriegler says if there is any wrongdoing in the part of the president it must be investigated but adds that becomes suspicious when her investigations are leaked to the public before the implicated individuals are fully investigated.
Investigations are to be confidential and once there has been a finding it is to be revealed.— Judge Johann Kriegler, Chairperson - Freedom Under Law
We are now being suspiciously told that Pillay, Gordhan and Ramaphosa are subjected to suspicion of wrongdoing by the information that the Public Protector 's office or herself had leaked to the public. That has enormous political implications.— Judge Johann Kriegler, Chairperson - Freedom Under Law
To hear the rest of the conversation, listen below: