Madonsela well within her rights - CRC

Johannesburg - Public Protector Thuli Madonsela is well within her rights to report on government's conduct, the Centre for Constitutional Rights said on Tuesday.

"Apart from investigating maladministration and abuse of power, in terms of section 182, the public Protector also has the power, as regulated by legislation, to 'report on that conduct' as she sees fit and in her sole discretion, 'take appropriate remedial action'," the CRC said in a statement.

According to the CRC, recent criticism of Madonsela and her office was unnecessary.

"This criticism is unfounded, both in context of the Constitution as well as the Public Protector Act."

The ANC earlier expressed concern over Madonsela's conduct towards arms of state.

ANC secretary general Gwede Mantashe said as a representative of a Chapter Nine institution she had a responsibility to protect the integrity of the office of the public protector in discharging her responsibilities.

"This means she should not undermine another arm of state that she deferred to, to further process a report that she compiled," Mantashe told reporters.

He was speaking after the conclusion of the party's national working committee meeting on Monday.

Mantashe said Madonsela's conduct prejudiced the work of Parliament and its committees.

He was reacting to a letter Madonsela reportedly wrote to President Jacob Zuma last week about the spending of R246m on security upgrades at his Nkandla, KwaZulu-Natal homestead.

In her letter, she cautioned Zuma against second-guessing her recommendations that he repay part of the money spent on features unrelated to security, such as a swimming pool, cattle kraal, amphitheatre, and visitors' centre.

In previous responses to her report on Nkandla, Zuma indicated Police Minister Nathi Nhleko needed to determine if he should pay back any of the R246m.

Madonsela wrote in her letter: "I am concerned that the decision you have made regarding the police minister gives him power he does not have under law, which is to review my decision taken in pursuit of the powers of administrative scrutiny I am given... by the Constitution."

Mantashe said Madonsela must give Parliament space to process her report.

Justice Marcus Mj Thobela 2014/08/26 07:09:18 PM
i like thuli she is honest and real stand for public not for her pockets full of corrupted money just like gwede and zuma.
matches 2014/08/26 07:11:05 PM
and within the PUBLIC (you and my) rights
Adam Brown 2014/08/26 07:14:14 PM
Thuli for president!
Mpho Queen B Mosoma 2014/08/26 07:15:29 PM
you always honest and your truth hurts them
Elvava Seameco 2014/08/26 07:19:48 PM
Mantashe shut the hell up, Zuma must payback the money,Asijiki !!
Chris May 2014/08/26 07:21:44 PM
Thuli's message is simple: "It's broken. Fix it." She is not an empty vessel and she is doing what she is supposed to do. If it weren't broken, she wouldn't have said "fix it", would she? She is not a posturer. So guys, fix it, stop prevaricating and hiding and trying to be the big guys shielding a problem. Just fix it. Problem solved.
Hasani P 2014/08/26 07:22:49 PM
She can't b when she is putting JZ on a fire pool. Zuma is an elderly man is supposed to enjoy the tax payers money as a retirement benefits. All ANC guys and the alliance are up in arms to stop thuli from exposing the old man. This is not how we treat elders as Africans ! Is enough thuli u will send this man to early grave
Kevern Upton 2014/08/26 07:27:10 PM
Can we also not lay charges against no1 for defeating the ends of justice?
proudlysa 2014/08/26 07:32:33 PM
All non ANC supporters and a big % of their supporters are with Thuli on this one. Wierd how they don't get the message. WE pay taxes, WE vote, it is OUR money. WE don't want Zuma and WE want him to pay back the money he stole. Keep on denying, your day will come (unfortunately you are doing so much damage to SA that the DA will battle for years to fix it when they take over)
Archie Dempster 2014/08/26 07:33:57 PM
As soon as madonsela sent that leter to JZ it was already in public domain