Latest judgment casts even further doubt on the current Public Protector, says OUTA

Latest judgment casts even further doubt on the current Public Protector, says OUTA


The Organisation Undoing Tax Abuse (OUTA) believes that the latest judgment by the Pretoria High Court declaring Advocate Busisiwe Mkhwebane’s report into the Estina dairy farm project unconstitutional, gives sufficient reason to believe that the Public Protector is unfit to hold office.

OUTA believes that Advocate Mkhwebane has failed to conduct her investigations in a manner that is impartial, independent and in good faith as required by section 194 of the Constitution and section 2(1)(c) of the Public Protector Act.  This questions her competence to head the Office of the Public Protector and warrants, at the very least, an inquiry by the National Assembly as made provision for by the Constitution.

In a 12-page letter, which is being sent to the National Assembly, OUTA outlines its investigations into the Public Protector's investigation reports, which include the controversial ABSA report and the Estina report, as well as the daily administration of the institution and her behaviour towards the Committee on Justice and Correctional Services.

"OUTA therefore urges the National Assembly to look into Adv Mkhwebane fitness to hold office. The office of the Public Protector is imperative to our democracy and is central to rooting out corruption. In light of the state capture debacle that we are grappling with as a nation, we cannot afford to allow incompetence and misconduct in an institution as important as this,” says OUTA’s Chief Legal Officer, Advocate Stefanie Fick.