News24

Protector may be interfering: ANC

2011-12-08 21:04

Cape Town - It appears Public Protector Thuli Madonsela may be interfering in Parliament's legislative process, the ANC said on Thursday.

The ANC was concerned over recent correspondence she sent to the speaker of the National Assembly about the protection of state information bill, ANC Chief Whip Mathole Motshekga said in a statement.

This dealt with the non-inclusion of a public interest defence clause in the bill approved by the National Assembly last month.

Madonsela's office had also been quoted in the media as expressing concern over the bill and indicating that it would investigate the absence of a public interest defence in the bill if a complaint was made.

"If media reports are correct, then the public protector appears to interfere in Parliament's legislative process by questioning and threatening to investigate the institution's legislative decisions," Motshekga said.

"The action of the public protector worryingly implies that Parliament is accountable to the office of the public protector, when in fact the opposite is true in terms of the Constitution."

Accountable to Parliament

All state institutions supporting constitutional democracy, including Madonsela's office, were accountable to Parliament.

"In this regard, and if the media reports are anything to go by, the public protector's action is at odds with the Constitution and strongly suggests that she has over-extended her authority," Motshekga said.

No one had the right to interfere in the business of Parliament except in accordance with the Constitution and the rules of Parliament itself.

As a Chapter 9 institution, the office of the public protector had the right to make submissions on draft legislation before Parliament.

However, a Chapter 9 institution could not question Parliament's legislative decisions or meddle in Parliament's law-making processes, he said.

"Writing to the speaker expressing concern on the legislative process or decision is bizarre, as the speaker cannot be held responsible for or [be] expected to explain legislative decision of the assembly," Motshekga said.

"As the head of the institution, the speaker's function is to facilitate the legislative processes, not to justify or clarify the decisions that political parties or members of the assembly make on legislation.

Motshekga added: "We are, however, hopeful that now that the public protector's office has shown interest in this bill, it will prepare proposals on the bill for submission to the National Council of Provinces’ ad hoc committee when it opens its public consultations drive [on the bill]."

Madonsela's spokesperson was not immediately available for comment.

Comments
  • Ben - 2011-12-08 21:14

    We need more people who have the guts to speak out. Madonsela for president

      Ian - 2011-12-09 05:25

      @George. You are just a Troll. Your "facts"to be investigated are so false it is laughable. Go away and crawl into a hole somewhere with the other Trolls.

      Ibhubesi - 2011-12-09 05:45

      If News24 wants to give these forums any authenticity they would only allow verified people to comment on here. All of these pathetic comments come from profiles that don't even exist on Facebook. Participants on here should just ignore these comments. They are all the same and I strongly believe fakes created by the Media24 team just to keep a few of us fired up.

      Zion - 2011-12-09 06:05

      Madonsela is the best and freshest thing that happened to South Africa.Due to the nature of her job and her immaculate integrity she will, in all probability, be deployed elsewhere or relieved of her duties. Honesty in the high echelons of government is not a desirable quality.

      Silvana - 2011-12-09 06:26

      @George. You are a delusional cretin! She has just completed an investigation on illegal expropriation in the Midvaal district. Guess what? It was a white person. And guess what again? He was a member of the DA. Of course the majority being investigated are black, because they are the majority of the population. Do the math! Blame your stupidity on your failure to achieve.

      Activity Bookings - 2011-12-09 07:29

      Zion, unfortunately, you are correct.

      George - 2011-12-09 08:02

      This is not George from Durban who write this artical. I however disagree with it./////////???????????????????????????????????????

      John - 2011-12-10 23:12

      Blue Light Brigade Strikes Again! That was how the ANC interfered with my life! Friday, 09 of December, cars on the highway from Durban gave way to a political convoy with blue lights. Remembering 1 man killed by the Blue Light Brigade in Durban, and another in Jo'burg, I protested those murders and raised my finger as they drove past. They proceeded to block me and lunge their cars at me, as I swerved, slowed and pulled away. I held strong and steadfast in my protest! My family, however, were badly shaken. It is time that the ANC realizes that they are not above criticism and rejection, and also NOT ABOVE THE LAW! I expected them to zap me back, or even lay misdemeanor charges against me. But the public harassment and bullying shows that these mental's are in a mindset of their own. They need to be banished to Antarctica!

  • Geronimo - 2011-12-08 21:19

    Another salvo to shut down any questions of the increasingly tyrannical ANC state, similar to the salvo fired at the Constitutional Court. For the record, Parliament, the Executive and the Judiciary are meant to keep each other in check. Parliamentary sovereignty went out the window with Apartheid...

  • Had - 2011-12-08 21:24

    Wait for it. Punishment for someone who is merely doing her job as she deems fit???

  • Ramudzuli Muthuphei - 2011-12-08 21:24

    WE GOING TO DISBAND THIS PUBLIC PROTECTOR BECAUSE SHE IS POLITICALY MOTIVATED. DIDNT SHE LEARN FROM THE SCORPIONS?

      Geronimo - 2011-12-08 21:29

      ...and stifle democracy? You wouldn't know democracy if it hit you in the face. The whole point is for everyone to have a say...sometimes you're not going to like what they say, well tough!

      Godfrey - 2011-12-08 22:19

      So typical anc, if they don't like the message, then kill the messanger!!!!

      Cheryl - 2011-12-08 23:02

      people like dont deserve democracy ..u r too stupid to understand it.

      Sean - 2011-12-08 23:45

      @ Ramudzuli Muthuphei ! LOL ! Who is we ?? My ``friend`` , it`s them , nothing to do with you ,you are just dumb enough to vote for them. At the end of the day the country is ruined , they are rich and you still have nothing !! Keep on dreaming !

      Ibhubesi - 2011-12-09 05:52

      @Sean. Don't bother with him. He is of the 1% that has a job and like the rest on the gravy train they love to flash their cars and shoes to those millions that will never even know what it feels like living in a house with brick walls. Their ANC protected jobs give them a sense of superiority. They are the real scum of this society and a criminal gang keeping the other criminals in power.

      Ibhubesi - 2011-12-09 05:56

      @Sean. Also Sean. Most of them aren't qualified to do the job they are supposed to do. Hence the collapse of all services. If you place characters like this out in the open market they will starve to death. That is why they are defending this corrupt government. Same story as in Zimbabwe. On here you will always find them defending Zimbabwe. Same brain dead morons. These are the types that make babies all over the place and never take care of their offspring.

      CALAMITYSA - 2011-12-09 07:31

      Please LISTEN to the reasonable statements AGAINST the bill and do not try to justify it. You should know it yourself. See my comment to Mathole Motshekga below. Don't show your ignorance!

      Bryan - 2011-12-09 12:04

      @Ramudzuli.... You are probably one of those ANCYL members that live with their heads permanently up their backsides... Go back to school you moron!!!

  • Had - 2011-12-08 21:27

    Keep up the good work Thuli. Most of South Africa is supporting you.

  • Herman - 2011-12-08 21:30

    Public protector, means she protects the public.......get it anc scum!

  • Burtfred - 2011-12-08 21:37

    Why should anyone have to report to parliament? Parliament has no authority - they merely act under instruction from Luthuli House. ANC members were instructed (ordered) to vote for the secrecy bill by the ANC whips and Gwede communist Mantashe.

      Ibhubesi - 2011-12-09 05:59

      This is how a Dictatorship is run. Africa loves Dictatorships. Takes them back to the days when they had a King and the rest served him. Just bear them for a while. our revolution isn't far off and then we will shoot them by the truckload together with the scum in power.

  • marina.poniatowska - 2011-12-08 21:39

    So she's too efficient, and actually doing what she gets paid for. And the ANC employed her. Now she's interfering? Guess to much corruption are being reported. Amazing.

  • Sam - 2011-12-08 21:45

    I feel sad for people follwing this madness party called DA , instead of being creative with programmes to help poor people they reduce themselves to status of security company.

      Geronimo - 2011-12-08 21:48

      ...and what is the ANC doing to help poor people? (I sense I will still be waiting for your answer in 2050...) ps what has the DA to do with this report?

      velastardust - 2011-12-08 22:08

      Sorry for you, Sam, you are brain dead!

      Ronald - 2011-12-08 23:07

      Do you mean creative programmes like tenderpreneurship, witless cadre deployment, gross mismanagement of public funds, blatant theft and fraud relating to public funds, kickbacks, ridiculous salaries for sleeping on the job(most notably during parliamentary sessions), wasting lotto funds on ANC related parties while deserving charities whom the funds were meant for go under, bankrupting of municipal and provincial institutions, implementing more and more draconian road taxes and secrecy laws, etc, etc, etc? I feel sad for those like you that will never wake up to smell the roses until it is again too late. Who will you blame then, yourself, the DA or apartheid?

      madsipho - 2011-12-09 10:43

      Sam are you mentally disturbed or you're one of the criminals who rob poor people by stealing millions on our taxes?

  • Lynn - 2011-12-08 21:47

    She is one of the few people who seem to actually do their job. Well done.

  • sandile.memela1 - 2011-12-08 21:56

    Ramudzuli, its narrow minded people like you who bring shame to this beautiful land of ours. this is not the ANC, I thought I was voting for. Im ashamed. So we now resort to taking such drastic measures to protect the dirty laundry of a few.

  • velastardust - 2011-12-08 22:10

    The public protector voicing her concern about the public interest clause in the info bill means she is doing her job. Well done Thuli, you have very many supporters!

  • velastardust - 2011-12-08 22:16

    With 3 provinces under administration, rampant corruption, graft, nepotism, pure down right laziness, stupidity and total disregard for the South African citizen, we should all be interfering with what the ANC do! Do date the ANC have proved to be a total failure!

  • Mark - 2011-12-08 22:36

    Interfering, yes - interfering with Government corruption!

      watson.tshililo - 2011-12-08 22:48

      madonsela is right in the midist of wrogs,therefore her rightness seem strage.we need leaders with a descion.

  • Cheryl - 2011-12-08 22:54

    ja ja .....filthy corrupt pigs at the trough.... attract the trash and reject the good. madonsela is good to the core while the ANC trash are all fat corrupt pigs hope u all choke at the trough and explode from those fat bellies greedy pig sows and boars ...DISGUSTING.

  • Joseph - 2011-12-08 23:04

    If Thuli needs her office to be relevent she needs to play by the book or sooner her office will be used by political parties as what is happening with our courts.What happened to Cape Town inverstigation,no feed back from the so called golden lady of the moment, seems to be preoupied with ANC issues.We want to hear about corruption leveled against the DA in the Cape.

  • wellington.chagonda - 2011-12-08 23:17

    Anc is interferring:MANDONSELA

  • maseratifittipaldi - 2011-12-09 00:01

    "All state institutions supporting constitutional democracy, including Madonsela's office, were accountable to Parliament." And Parliament is accountable to... ? ? ? ...THE PUBLIC !! So if the public seek protection from their government (now how did THIS come about?) who can they turn to but the Public Protector? We need some serious structural changes. This POWER mode of our government is going to cause a spin at the first corner.

      Geronimo - 2011-12-09 00:25

      Actually, parliament is not sovereign and hasn't been since 1993. Nothing is superior to the Constitution and the executive, legislature and the judiciary are on an equal footing (they are meant to hold each other accountable) under the Constitution. This is nothing more than a bullying tactic by the ANC who are beginning to display signs of being a dictator regime in the making.

      johnkk - 2011-12-09 00:27

      I THINK WE ARE ALREADY IN THE CORNER, BUSY SPINNING OUT OF CONTROL.

  • Gregory Jurgens - 2011-12-09 00:15

    Expose corrupt officials you get squashed by these untouchables. It's a shame that good people suffer the wrath of comrades with pockets full of stolen public money. Just make up the justification and expect the foolish massed to believe it.

  • Carl - 2011-12-09 07:05

    Why is it called the office of the public protector, who else can we ask to protect us from the pigs at the trough?

  • Nirvan - 2011-12-09 07:05

    Ms Madonsela is a beacon of hope that bravely stands for truth and justice, fighting corruption from all stratums in society without fear or favour. We as a nation must begin to put the past behind us and our differences aside. I understand it is a difficult process given the negativity that so many experienced and continue to experience, but it is vital that we rally behind people like Ms Madonsela and rid our country of the corrupt, ignorant, and selfish in order to create a prosperous, non-racial democracy where justice prevails. Together we can do it!

  • TaSaqz - 2011-12-09 07:26

    Although I'm hopelessly in love with ous Thuli, her remarkable efforts will yield no results as long as the overwhelming majority of African South Africans remain uneducated. You don't know what I'm talking about? It's the power of X!!

  • CALAMITYSA - 2011-12-09 07:29

    Mathole Motshekga - Even the consideration of the bill is WRONG, Mathole. Please LISTEN to the reasonable statements AGAINST the bill and do not try to justify it. You should know it yourself.

  • Msholozi - 2011-12-09 07:35

    they must investigate the protector because stories are being fabricated to put our leaders in bad light for the favour of capitalists

      sefeddt - 2011-12-09 09:52

      The ANC leaders don't need any help from anyone in making them look bad, comes naturally to them.

      johnkk - 2011-12-09 09:53

      Msholozi, I do not wish to insult your intelligence. You should research the practice of capitalism and you will find that capitalism allows for the best possible market price to be achieved. Unfortunately, due to fraudulent tender allocations, the art of capitalism is being undermined allowing 'YOUR LEADERS' to inflate tender amounts in order to generate a greater profit. This leads to a lack of money being spent on the needs of the poor and unemployed. So maybe you should take a careful look at 'YOUR LEADERS' and see if they are leading South Africa. Just for the record if 'OUR LEADERS' do not look after all of South Africa, the country will not work. Is that not why the ANC came into power in the first place. Read and think for yourself, do not allow 'YOUR LEADERS' to brain wash you !!

  • EyesEars - 2011-12-09 08:28

    "If media reports are correct, then the public protector appears to interfere in Parliament's legislative process by questioning and threatening to investigate the institution's legislative decisions," This was suppose to happen years ago, now someone wants to wake up! I was told one day, everybody reports to somebody and it does not matter who you are. So for the people with the "chips" on their shoulders and the "labels" on their backs: Start towing the line, as you are the ones that just want to protect yourselves and not worry about the concequences. Chop and change laws as you wish and forget your humanity towards others. How utterly disgusting!

  • Andre - 2011-12-09 08:41

    HAhahaha! The PP's mandate is to protect the rights of citizens as provided for in the Constitution. She has all the reason to express concerns from informal complaints she reveived. THAT IS DEMOCRACY MR MOTSHEGA! SOMETHING YOU AND YOUR ANC CADRES SHOULD HAVE COME TO UNDERSTAND BY NOW! WE KNOW IS ACTUALLY BEYOND YOUR CAPABILITIES, BUT THEN PLS LISTEN TO THOSE THAT DO.

  • Phumezo - 2011-12-09 10:22

    If the PP shoes are starting to be bigger than herself then she will leave us no choice but to make her office suffer the same fate as the Scorpions. If there is one thing that we will never do and that is to reverse the gains we made in Polokwane. Whether she likes it or not the PP is hired by the ANC and she needs to tow the line like everyone else we have redeployed! If she wants to do her own things then she must go and contest that as an independent at the polls and vacate her office!

      madsipho - 2011-12-09 11:04

      Whoaw! there comes another dictatorship in SA, Bloody Criminals! The only way for you guys to do criminal activities peacefully is when you rid off Thuli, otherwise she will always expose ANC and keep protecting us/SA citizens...Thuli for PRESIDENT!

  • madsipho - 2011-12-09 10:47

    Thuli Madonsela's bonus for December must be doubled, She is doing a very good job for us...Please SA give this woman a chocolate cake!

  • nicn44 - 2011-12-09 11:49

    Rumour has it that Roux Shabangu has entered into a buy back agreement on Union building with government

  • Shirley - 2011-12-09 12:05

    Its taken longer than I thought for the anc to start saying Madonsela is interfering. She is one of the few who has the courage to speak out against the fat cats. You go girl!!!!!

  • tacod - 2011-12-09 12:41

    On her office is the words "Public Protector" and not ANC Protector. The ANC instructed their parliamentarians to vote for this bill without the interests of the public. The Parliament is and should be held accountable to the people. The ANC is busy destroying the Mandela legacy ans they are busy with underhanded tactics that will be to the detriment of the people that they are supposedly to serve. Some points of the bill is relevant but the mere fact that a local municipal official that has authorization can declare a document or documents secret, does not bode well. The bill is meant to protect the state and not individuals. As the bill is in it current form, the constitutional right of the public is undermined and a slap in the face of democracy. It would seem that the ANC has plans for the country and it's people that it would like to hide from the people and the outside world.

  • Vicker - 2011-12-09 16:08

    "If media reports are correct..." Does the ANC now decide what it likes or does not like in the media? Oh yes, they are known for their double standards...

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