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Parliament: Public Protector issuing 'conflicting and confusing' messages on state capture

Cape Town - Parliament’s Portfolio Committee on Justice and Correctional Services has expressed its concern with the “conflicting and confusing” messages being relayed by the office of the Public Protector regarding the remedial action recommended by her predecessor.

Committee chairperson, Dr Mathole Motshekga, called on current Public Protector, Advocate Busisiwe Mkhwebane, to respect the remedial action of her predecessor, Thuli Madonsela, regarding the state capture inquiry.

“That remedial action confines itself to what should form part of the inquiry. It is not for her to request an expansion of the terms of reference for the state capture inquiry. In fact, it is only the courts that have the power to amend or change the remedial action.”

READ: State capture inquiry: Mkhwebane differs with Madonsela on terms of reference

EFF and SACP also lambast Public Protector

Mkhwebane was previously called out by the Economic Freedom Fighters and the South African Communist Party over her comments relating to the state capture inquiry.

The EFF said Mkhwebane should "learn to keep quiet", while the SACP said her actions reflected “an embedded if not captured person".

"Each time she speaks, and because it is not even necessary for her to do so at all times, she continues to tarnish the reputation of the respectable office of the Public Protector," said EFF spokesperson Mbuyiseni Ndlozi at the time.

“Instead of being seen protecting the public, her actions reflect an embedded if not captured person using the authority of the Public Protector to advocate such sectarian politics with the potential effect of bringing the image of the office into disrepute,” said SACP spokesperson Alex Mashilo.

"Mkhwebane's utterances regarding the terms of reference of the judicial commission of inquiry into state capture are the latest case in point,” Mashilo said.

Mkhwebane's calls confusing the public

Dr Motshekga said the calls made by Mkhwebane were confusing to the general public and she must not “interfere” with the remedial action or scope of the inquiry.

“The integrity of the remedial action should not be questioned and as the courts have previously ruled, the remedial action of the Public Protector is binding.”

He further appealed that any inquiry that is to take place in relation to Madonsela’s report, should restrict itself to the remedial action as per her report on state capture.

Dr Motshekga said the committee would take this matter up with Mkhwebane when she appeared in front of the committee.

Mkhwebane’s spokesperson, Cleopatra Mosana, said she could not comment on the matter, as she was not aware of any official correspondence from the Portfolio Committee on Justice and Correctional Services.

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