Thread by @PublicProtector

PP @AdvBMkhwebane currently addressing SA Sheriff Society event in Mpumalanga

PP: Thanks to SASS for extending an invite to my office

PP: I would like to congratulate you and wish all the newly appointed sheriffs a successful spell in their new line of work

PP: There are similarities between my office and your work.

PP: Apart from the fact that I also operate in the legal field, my duties are just demanding as yours.

PP: Neither myself nor my investigation team have encountered violence during the performance of our functions, we have however faced untold hostility

PP: Our institution is a creature of the Constitution along with others established in terms of Section 181 of the Constitution to strengthen and support constitutional democracy

PP: Like the courts, we are independent and subject only to Constitution and the law

PP: The institution is impartial and must exercise its powers and perform its functions without fear, favour or prejudice

PP: As it is with the judiciary, the Constitution bars interference with the functioning of PP by any person or organ of state

PP: As we know, the PP is appointed by the President on the recommendation of the National Assembly after the Assembly approves a resolution with a supporting vote of at least 60 percent of its members

PP: When it comes to the removal of PP, section 194 of the Constitution is instructive

PP: It provides that a PP may be removed on grounds of incapacity, misconduct or incompetence; a finding to that effect by a committee of NA; and adoption of a resolution supported by at least 2/3 of its members

PP: These provisions resemble those applicable to judges, except in the case of a National Assembly committee, the judiciary has the Judicial Services Commission

PP: We are established to investigate any or alleged improper or prejudicial conduct in state affairs or public administration, report on that conduct and take appropriate remedial action

PP: We also have other powers prescribed by national legislation such as PP Act

PP: In terms of the PP Act, I am empowered to investigate undue delays, unfair; capricious or discourteous behaviour; abuse of power; abuse of state resources; dishonesty or improper dealings in respect of public money and improper enrichment

PP: I relied on the provisions of the PP Act when I investigated allegations of maladministration and irregular appointments against City of Tshwane and former Executive Mayor, Solly Msimanga

PP: I further have powers to enforce Executive Ethics under the Executive Members’ Ethics Act.

PP: It is under this piece of legislation I’m relying on in the investigation that the President misled Parliament in contravention of the Executive Code of Ethics when was answering questions about his Bosasa donation

PP: It was under this law that I found that former Ministers Lynne Brown, Des Van Rooyen and Malusi Gigaba misled Parliament and thus breached Executive Code of Ethics.

PP: These findings eventually led to their respective release from cabinet

PP: Complaints under EMEA can only be received from Members of the Executive, Members of Parliament and Members of the Provincial Legislature on suspected breaches of Executive Code of Ethics

PP: On receipt of such complaints, I am obligated to investigate and such investigations ought to be concluded within 30 days, failing which, I must write to the President or the Premier to inform them of the failure to meet that deadline.

PP: We are also a safe haven for whistleblowers under the Protected Disclosures Act

PP: It is under this law that I recently directed that a whistleblower from NW municipality who had suffered occupation detriment after lifting the lid on what he deemed irregular and unauthorized expenditure involving hundreds of millions of rands, be reinstated

PP: Our services are free of charge and can be accessed through various means including email, online, telephone or in person at any of our 19 walk in offices across the country.

PP: Everything we do in the service of the people of this country is informed by an elaborate plan we call Vision 2023.

PP: In essence, this vision is about taking the services of this office to the grassroots

PP: I sympathize with you when you say the work of your members is becoming increasingly demanding and that the environment within which they operate tends to be violent

PP: I am sympathizing with you because I know too well what they are up against

PP: We are the PP are in a similar if not slightly worse situation

PP: This institution is going through what is probably its most testing time yet, with attacks raining down on us from every angle

PP: In the 20 months I have been in office, I have been called “incompetent” by a Minister, another Minister said “Ngiyaphapha”

PP: Another Minister have said I have a problem and suggested that perhaps we I should sit down, presumably so that he could supervise me

PP: I have had a Director General call me an “idiot”, journalists calling me a “moron”

PP: Another journalist took it further and brazenly used the f-word in a social rant aimed at me.

PP: This is in addition to being labeled a “Zuptoid” or a “Zupta Protector” among many other derogatory terms

PP: I have opened a case against those who insulted the PP, in terms of Section 9 of the PP Act

PP: I get subjected to the most unfair reporting in the media.

PP: Things have reached a point where even my comment- solicited ahead of publication of predetermined negative news stories- is not incorporated due to, I am told, word count considerations!!!

PP: When I want to rebut inaccurate and misleading articles, I am denied a right of reply.

PP: On taking radio or television interviews, I’m subjected to the most demeaning interrogation while everybody else is engaged with professionalism and dignity.

PP: Then there are unsubstantiated claims that I am a spy and calls for my removal from office.

PP: In addition, civil society organisations have been mobilised in an orchestrated campaign to besmirch me in the eyes of the public, apparently to prepare the ground to dislodge me from office.

PP: Some of these organisations even have the nerve to want to micromanage my office – an independent institution – going as far as to tell us which matters should enjoy priority and how we should use the resources at our disposal.

PP: Not that I am incapable of fighting my own battles but it needs to be said that no one has seemingly called on all those who work day and night, under the cover of darkness, to fan the flames of resentment against this office and me, in particular to stop.

PP: You will agree with me that it is in the interest of our constitutional democracy that this institution be protected at all costs.

PP: It appears, in the view of some, it must only be cushioned when it places the indiscretions of certain individuals under the spotlight and, as soon as it turns the attention to others, all hell breaks loose.

PP: I have tried to look closely at what could have prompted this antagonism & have arrived at conclusion that this kind of treatment has everything to do with the fact that I have had the courage to exercise my powers & perform my functions without fear, favour or prejudice

PP: I have dared to touch powerful institutions and individuals.

PP: It appears the cardinal sin was my bravery to touch the establishment by directing that R1.125billion lost to the people of South Africa in an illegal gift from the South African Reserve Bank to Bankorp Limited/ABSA Bank be recovered.

PP: That case was won on technicalities.

PP: In addition, I conceded that, in hindsight, the remedial action relating to the mandate of the Central Bank could have been phrased differently so as to not come across as dictating terms to Parliament in contravention of the trias politica doctrine.

PP: The court never dealt with the R1.125billion lost to, thereby prejudicing the people of South Africa. To this day, no one talks about that and the fact that no less than two judges found the loan in question to have been unlawful. Where is justice?

PP: Since that case, the knives have been out for me. Including malicious damage to my property and threat to the safety of my family

PP: The latest onslaught has been occasioned by the judgment on the Vrede matter. I am restricted in terms of what I can say about that judgment as we are appealing it.

PP: The two court judgments are now being used by those who do not like to be held to account in a desperate attempt to hide their own wrongdoing.

PP: They even cite the judgments in their own court papers challenging my reports instead of dealing with the content of the reports concerned.

There is also the ridiculous claim that I am targeting Minister Gordhan and President Ramaphosa.

PP: In the twelve months leading up to March 31, 2019, I had investigated 14 000 cases. Only two related to Minister Gordhan while one concerned the President. There has been only one report against Minister Gordhan and none against the President in the 102 I have issued thus far

PP: How then am I targeting them?

PP: Threats of arrest for money laundering etc and poisoning since I started investigating the so called Rogue unit

PP: Some have exposed their ignorance by claiming that I waste much needed resources by attending to matters that have already been dealt with.

PP: According to them, the investigation against the President over the Bosasa donation is a waste of resources as Parliament has already addressed the matter.

PP: Opinion makers must stop short-changing their audience and audiences need to stop falling for everything they hear without critical analysis.

PP: In investigations concerning Minister Gordhan, a story that is parroted without due regard for what the law says is that the NPA, for instance, has previously dropped its case on the matters under investigation such as the so-called “Rogue Unit”.

PP: I have been patient to explain to people who are seemingly not prepared to accept this truth that, the NPA deals with criminal offices while my mandate is maladministration, two different things.

PP: They go further to ask why I am resuscitating cases that have dead and buried, and go back at least ten years

PP: But I never heard them asking my predecessor, the same question when she agreed in 2011 at the instance of Adv. Paul Hoffman to investigate the Bankorp/ABSA matter, which was 14 years old at the time.

PP: The same people have never said anything on the investigation on the plight of a group of pensioners & former bureaucrats under the erstwhile homeland of Venda – some of them former DGs– who were robbed of their pensions and are now forced to depend on social grants.

PP: The most interesting part is that all the civil society organisations that are being used to wage this war are never this vocal where cases of ordinary people are concerned.

PP: Recently I named and shamed a number of organs of state and state functionaries, who have turned a blind eye to my findings and remedial action, leaving complainants high and dry.

PP: Some of the remedial action, including that of the pensioners I have referred to earlier on, remains unimplemented.

PP: The question is: Are we going to see the likes of CASAC, Freedom Under Law, OUTA and the Ahmed Kathrada Foundation sprining to the defence of these poor people just as they have done in the instance of the rich and powerful? I am not holding my breath.

PP: As for the claim that I am part of governing party factional battles, I am yet to be furnished with evidence to proof my involvement.

PP: Apparently my investigation into the President is an example of this. Try reconciling this claim with the fact that the complainant in the matter is Mr. Maimane of the DA.

PP: Yet that has not stopped the critics and cynics to peddle this lie so as to give credence to their assertion that I am not fit and proper to occupy this position.

PP: While I am disappointed that this propaganda is being given traction in the media, I am not at all surprised.

PP: My staff is also subjected to abuse from complainants who have lost hope in the administration and come to our offices to be assisted, and they are bruised and do not want to even take a no as an answer, some have held our staff hostage, broke our window due to rage.

PP: But we always treat them with compassion

PP: Accordingly, I do not lose sleep over all this noise. I am proud of the office’s record thus far under my leadership.

PP: I am about to post — in the latest annual report — a successful finalisation of around 10 000 of a total of 14 000 investigations that my office dealt with during the 2018/19 financial year.

PP: I am focused on building on these achievements and I will not allow room for any distractions.

PP: My interest is on bringing justice to the people of South Africa, a very large number of whom are at the grassroots as part of what I call the Public Protector Vision 2023, an ambitious blueprint through which I strive to make the services of this office more accessible.

PP: I know some of you may not be Christian but I strongly believe I was placed in this position by the God that I serve and I believe that only He can remove me if He is of the view that I have failed.

PP: During stormy times, I always take solace in the words of a Bishop I crossed paths with a while back. He told me a profound tale of a certain resilient old man, who was on a quest to summit Mount Everest at all costs.

PP: As the story goes, on the old man’s way up the mountain, he came across throngs of people who were going in the opposite direction. All of them were very critical of his determination to reach the pinnacle.

PP: They told him that weather conditions up the mountain were deadly, citing strong winds and blizzards.

PP: In the face of all the warnings, the old man shrugged and continued with his journey. He eventually reached the peak and made his way back shortly thereafter.

PP: On arrival at the foot of the mountain, he found all of the people that had been critical of his adventure having gathered there, waiting for him.

PP: Each of them wanted to know how he made it to the mountaintop, given the dangers posed by bad weather

PP: It is said that next to these people stood the old man’s son who had been waiting for his father’s return. The son told the people: “My father is deaf”.

PP: The moral of the story is that, in your mission to do that which may not be popular, there will be a lot of noise from cynics and critics.

PP: The best way to reach your goal in spite of all the cynicism and criticism is to be deaf to the noise.

PP: That is the piece of advice I can give you to navigate the challenges you encounter in your work.