Thuli calls for ethics law to be changed

Public protector Thuli Madonsela has called for the Executive Ethics Act to be amended so that “the president cannot be a judge in his own case”.

She said a South African president was, in fact, the guardian of political ethics in the

executive, which created a problem if findings were made against him or her.

Addressing a large and strongly supportive crowd at the Klein Karoo National Arts Festival in Oudtshoorn yesterday, Madonsela also advised her detractors to stick to doing their jobs, and had harsh words for those treating her findings as “mere recommendations”.

She referred to Judge Ashton Schippers’s judgment on her powers as “a cut and paste judgment from the United Kingdom”, adding that the UK ombudsman did not have the same powers bestowed on South Africa’s public protector.

Madonsela said her office would appeal the judgment and push the case all the way to the Constitutional Court.

“We have been waiting six months for the judge to apply his mind, but have received no answer to our request for leave to appeal,” Madonsela said.

Regarding her report into improvements at Zuma’s private Nkandla homestead, Madonsela said her findings regarding actions required by National Treasury and the Department of Public Works had largely been implemented.

“Only the actions regarding the executive are outstanding. Parliament is currently waiting for the report into the matter by Police Minister Nathi Nhleko,” she said.

“It is important to remember that the minister does not have the power to decide whether the president must make a payment, but only, in conjunction with Treasury, how much must be paid.

“These are findings, not recommendations.

“The only authority who can decide I was wrong, is a court of law. The only way to change this, is by changing the Constitution.”

The findings by the parliamentary Nkandla committee were “unfortunate and not in the spirit of the Constitution”.

She reminded those present that her term of office ended in 18 months. She urged people to be vocal in nominating a suitable person when the process to replace her began.