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:


This article first appeared on CapeTalk : Public Protector's defence does not make sense at all - law expert


702 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 702 community a safe and welcoming space for all.

702 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.

702 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
8 things you may not know about Jacques Pauw

8 things you may not know about Jacques Pauw

We thought we'd let you in on some facts about sought after, award-winning journo Jacques Pauw, author of The President's Keepers.

UCT students invent effective shower water-capturing device

UCT students invent effective shower water-capturing device

Shower Savvy is a Jerry can look-alike that one can stand on while taking a shower which stores up to 10 litres of grey water.

The President's Keepers: PDF version is tantamount to theft - Exclusive Books

The President's Keepers: PDF version is tantamount to theft - Exclusive Books

A PDF version of the book has been doing the rounds since Sars and the State Security Agency threatened legal action.

Falling out of love? Signs and stages of romantic disengagement

Falling out of love? Signs and stages of romantic disengagement

Can you love your partner, but no longer be in love with them? Dr Eve unravels stages of disaffection in romantic relationships.

Celibacy liberated me - Amanda Ndiki

Celibacy liberated me - Amanda Ndiki

Author Amanda Ndiki, celibate for 6 years describes her journey and how celibacy helped mend her sense of self.

Investing in increasingly wealthy Mauritius (Africa’s most functional democracy)

Investing in increasingly wealthy Mauritius (Africa’s most functional democracy)

Bruce Whitfield interviews Nikiwe Bikitsha, who is on a fact-finding mission in Mauritius courtesy of Standard Bank.

'The university degree is dead'

'The university degree is dead'

Flux Trends founder Dion Chang gives five reasons why he believes getting a degree is past its sell by date.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?