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Thuli Madonsela has gone too far

By: Thami Makhanya 2014-08-29 11:27
I have followed the story between the Public Protector and the ANC over the past few weeks and I have reached my own opinion on the matter. Having done Constitutional law myself and having carefully read and analyzed the Constitution as well as the Public Protector Act, I am in a position to make a valued judgment regarding this entire debacle. 
My verdict on the matter is that Thuli Madonsela has gone too far and is doing more than is required or allowed, granted her powers. The media is constantly highlighting the fact that the Public Protectors office is legitimized by the Constitution. What they do not tell us is that Public Protector is an institution that supports states democracy. It is not an independent body that investigates and charges people based on their findings. The PP reports to Parliament. That is where the buck stops.
Madonsela has done her bit of handing over her report, giving RECOMMENDATIONS on steps that should be taken regarding Nkandla. Once that was done, her role in the whole issue was finished and she was supposed to close the file regarding the matter and focus on other things. Now the recent follow up letter that she wrote should be seen as an act of belligerence aimed not only at President Zuma and the ANC but also to the House of Parliament at large. 
Madonsela is undermining her superiors by her involving herself beyond her call of duty. It seems that she follows procedure when and until it suits her. When the ANC rightfully reacts, it seems like it is an attack to her and her office and she seeks sympathy from the public. Her recent media briefing is a clear sign that Thuli has a personal agenda and is being malevolent towards the ANC. One may argue that she is doing her job but her continuous attacks and utterances aimed at the President have an effect on the ANC as a whole because if the leader of the organization is being accused of such damning things, it gets imputed on everyone else inside the organization, right up to the the voter. Perhaps it should be investigated as to who she is really working for. The public or other forces. After all, who watches the watchmen?
With that said, I opine that President Zuma complies with the report regardless of whether it is flawed or not. This is to save the image of the President and show that he respects and complies with the Constitution. Thus far he has followed procedure accordingly and I salute him for that. Siyabonga Nxamalala. 
Finally, may I take this opportunity to categorically state the the office of the Public Protector has not probed an investigation of the complaint I laid against a public official in my small town in Durban. Or is that not pressing enough to be looked into. Public Protector we love that you have guts to take on everyone but your powers are not infinite. That is why there is a separation of powers. Do your job and let Parliament do theirs. 

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