PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
MIcheal Rhodes
 
Comments: 0
Article views: 346
 
 
Latest Badges:


 
View all MIcheal Rhodes's badges.
 

Why is Tina taking Thuli to court?

18 March 2014, 08:27

I feel obliged to write this article. I elected not to comment on the article revealing the intention of Minister Joemat-Peterson to take the Public Protector to court, as I anticipated the usual screams of how ill-informed and stupid I am as an ANC supporter. I anticipated this and I still anticipate it.

Before you accuse me of blindly supporting a corrupt Minister, I implore you to read my argument first and then answer thereto, without the usual insulting undertone. To me, there is nothing more grotesque than the hypocrisy of certain News24 followers and commentators.

The office of Public Protector falls under the ambit of a Section 181 of our Constitution. Hence, it should operate independent, and subject only to the Constitution and the law, and must be impartial and must exercise its powers and perform its functions without fear, favour or prejudice, as conferred to by section 181(2).

Now, subsequent to the Public Protectors somewhat bruising report involving Joemat-Peterson, Joemat-Peterson threatened to take the Public Protector to court. This as expected was met with the usual outcry by some. The arguments were that in taking the PP to court, the Minister in particular and the Government in general is threatening the office of the Public Protector and in doing so is attempting to sweep corruption under the carpet.

In order to render an argument in this regard, I need you to read what I said two paragraphs above, only this time I need you to pay specific attention to the wording of Section 181 (2). In doing so, you will note that wording of the said subsection makes specific provisions for the office of the Public Protector to be scrutinized by the Constitution as well as by law. Based only on this wording; would you concede that the Minister in wanting the Public Protector’s report to undergo judicial scrutiny is doing so under the ambit of the subsection in question. If not; kindly refer me a section in other legislation that would serve to prove the contrary. Also in your answer make reference as to why the provisions of such legislation supersede that of the Constitution.

The Constitution further provides that no person or organ of the state may interfere with the functioning of institutions such as the office of the Public Protector. Kindly refer to subsection 181(3). In your rebuke to my argument, I anticipate that this may be where some will argue that the Minister is acting in contrast with the Constitution as in taking the Public Protector to court; she is interfering with her functioning. Such an argument would be disingenuous and ill informed. The reason for my latter contention is that in South Africa, we have three arms of government, the judicial arm thereof being independent from the state. An argument that in wanting judicial scrutiny for a report made by the Public Protector, the Minister is acting in contravention of subsection 181(3) cannot possibly be true and should be met with the contempt it deserves.

Is this move by the Minister something foreign to our country? The answer is no, as the DA in 2012 also threatened to take the Public Protector to court subsequent to a report. Was this move also met with the same contempt as the matter at hand? From the reports at that time, I think not. Why should the Minister then be criticized for doing the exact same thing as the DA? Is this not hypocrisy?  

If the Public Protector is certain of her facts, she would welcome judicial scrutiny. This would serve to confirm her report and if found to be correct by a court of law, I would support any action taken against the Minister. I would even go as far as criticizing any lack of action taken against her. On the other hand however, I must ask what would it say about the Public Protector should a court of law finds against her report? Would it not be transparent for the same people who advocates competency in public offices to proverbially call for the Public Protector’s head? If not, would that too not render you a hypocrite?

Lastly, I know some will argue against the independence and / or competency of our courts. This would be disingenuous as well, as our judgments can be appealed against even to the Constitutional Court. If you however feels that the Constitutional Court’s judgment must be scrutinised as well then it means you agree with Zuma when he called for a commission to do same. I personally disagree with the latter call from our president.

Thank you for reading...

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.

 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Submitted by
Julian Faasen
UCT too white

Unpacking Institutional Racism and White Privilege at UCT. Read more...

14 comments 431 views
Submitted by
Fired up
The End of Utopia- A Perspective ...

French-American anthropological philosopher René Girard argues that modernity is the end of history, in effect it’s the apocalypse foreseen by the Book of Revelation, if not in a literal, yet still in a Biblical sense.  Read more...

19 comments 914 views
Submitted by
Alex
Are celebrities responsible for t...

The massive outpouring of pain that was the result of Zyn Malik leaving the musical group One Direction and the level of disturbing behaviour that has resulted from it is pretty unbelievable. Read more...

7 comments 477 views
Submitted by
Mark Peach
An ode to silence, and peace

"Seek peace, and pursue it" is an injunction from the Good Book. It was, I gather, something King David once said. And who better to wish for it, given his tumultuous life.  Read more...

6 comments 88 views
Submitted by
Benevolence Mudenda
First the blade & then the ear

As in the natural, so in the spiritual sowing; the teacher of truth must seek to prepare the soil of the heart; he must sow the seed. Read more...

24 comments 298 views
Submitted by
Mq Moyo
Questions about God

Throughout the week, I’ve been enabled by the Holy Spirit to answer pertinent questions regarding God.  Read more...

94 comments 571 views
 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Interactive Advertising Bureau
 
© 2015 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.