JUDITH FEBRUARY: Busisiwe Mkhwebane, what is this madness?

“There are seasons in every country when noise and impudence pass current for worth; and in popular commotions especially, the clamours of interested and factious men are often mistaken for patriotism.” - Publius letter II, Alexander Hamilton, October 1778

In terms of s102 , a President can be removed if there is a motion of no confidence in the President voted upon by a majority of the National Assembly. This means the President and his entire Cabinet of ministers and deputy ministers ‘must resign’. One cannot blame Gordhan for reaching that conclusion given the animus with which the Public Protector appears to be pursuing these matters against him. In addition, in terms of the Public Protector Act, the Public Protector must justify or provide “special circumstances” to entertain any complaints regarding events or conduct that are more than two years old. Mkhwebane has not done so.

This remedial action was strange, to say the least, as was Mkhwebane’s belief that it was even within her power to suggest such economic tinkering. It raised uncomfortable but necessary questions about the Public Protector herself and her integrity. The Gauteng High Court subsequently set aside the findings and ordered a personal costs order against Mkhwebane. Since then she has pursued matters selectively while ignoring investigations of import.

While the law should be allowed to take its course in the interdict and review process, there does seem to be enough in the public domain and her reports to suggest that Mkhwebane is unfit for office and should be removed from her position. This will be a tricky move lest Ramaphosa and his allies within the ANC are seen to be fighting proxy political battles themselves through Mkhwebane’s removal. She has probably made that calculation already given her emboldened stance.

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