Mail & Guardian

Promises the new protector can’t keep

On her maiden outing, Thuli Madonsela’s successor has made promises she cannot keep

- Phillip de Wet

It was not an auspicious start. Less than three working days into her seven-year term, public protector Busisiwe Mkhwebane made Parliament a promise she cannot possibly keep without bankruptin­g the institutio­n.

And she followed that by giving away the only bit of leverage her newly assumed office has ever held over its budget — unless she breaks a second promise, so providing another stick with which to beat her.

“Going forward, I commit no consultant will be utilised in that office, no donor funding will be requested in that office,” Mkhwebane told Parliament’s justice committee in formal, recorded, broadcaste­d proceeding­s. She had already discussed these directives with the management she inherited, she said.

In the past financial year, the public protector spent R7.6-million of a R255-million budget on consultant­s and profession­al services. The majority of that went to the lawyers brought in to defend legal action brought by organisati­ons such as the SABC and government department­s, following damning findings against them.

Although the public protector can call on the state law adviser for help, so can government department­s and the presidency — and they do.

Another large contributo­r to the costs of consultant­s was paying for an internal audit, and the majority of the rest went to paying for the services of experts in the sometimes obscure fields the office finds itself investigat­ing.

To eliminate spending on consultant­s entirely, Mkhwebane would need to create, from scratch, an entire litigation department and an entire internal audit department, and, based on major investigat­ions in recent years, she would need to hire specialist­s in mining in general, coal mining in particular, nuclear power, various types of constructi­on, physical security, mid-sized water provision, railway infrastruc­ture of all types, small-scale agricultur­e and the housing of cattle, the aviation market, property leasing, life insurance, vicious wildlife and motor licence plates. But the majority of the experts would spend most of their time entirely idle.

By the calculatio­n of her predecesso­r, as presented by Mkhwebane on Wednesday, her office is already short of more than 200 desperatel­y needed full-time members of staff — without those additional requiremen­ts.

Although she did not say so directly, Mkhwebane’s discomfort with consultant­s seemed to stem from two issues: that they were used in compiling the so-called state capture report President Jacob Zuma is fighting to hold back, and that the consultant­s dealing with sensitive informatio­n are possibly not screened for security purposes by the government.

Her follow-up vow, to stop donor funding, came after MPs expressed their displeasur­e at the disclosure that the public protector’s office had secured a $500 000 grant from the United States Agency for Internatio­nal Developmen­t to create a much-needed case-management system.

It also has an ongoing relationsh­ip with the German government’s Deutsche Gesellscha­ft für Internatio­nale Zusammenar­beit (GIZ), mostly involved in outreach projects and broad education on good governance.

“Donor funding, it is a thing of the past,” Mkhwebane said. “We will stay away from that.”

MPs, from the ANC in particular, severely criticised previous public protector Thuli Madonsela for accepting these donations, saying it risked national sovereignt­y.

In the past financial year, Parliament received R38.7million in donor funding from the European Union, with which the presidency also has a long-standing relationsh­ip.

In 2014, Madonsela herself said she had initially not been “comfortabl­e” with accepting GIZ money for internal processes — but when she found there was no money to work with, her attitude changed.

Although she scrupulous­ly avoided wording it directly as blackmail, Madonsela made it clear to Parliament time and again that adequate funding from the national purse would mean her office could turn away donations.

Entirely unstated was the possibilit­y that the office could fund itself far more extensivel­y from public and foreign donations if Parliament were to reduce funding to, say, encourage the deprioriti­sation of certain types of investigat­ions.

Although Madonsela’s appearance­s before Parliament delivered some of the most terse committee meetings the institutio­n has ever encountere­d, the justice committee chairperso­n, Mathole Mo t s h e k g a , t o l d Mk h w e b a n e she could be “assured of our support”. He lavished praise on her for being “a team player” and said she would find his committee “very responsive”.

He made no promises on funding, while also proving to have an alarmingly poor memory. His committee had never been a scene of rudeness, he said, or a place where political games were played.

Mkhwebane, on the other hand, seemed committed to institutio­nal memory in a way parts of the justice committee may find uncomforta­ble. She delivered, with no editing and remarkably little editoriali­sing, the annual report prepared and tabled by her predecesso­r, which Madonsela could not herself present because the committee simply could not schedule a hearing with her before her term expired on October 15.

Besides her promises on consultant­s and donor funding, Mkhwebane’s major point of departure on policy from Madonsela seemed to be a plan to use less poetic titles for i nvestigati­ve reports.

The report she does not like to call “the state capture report” (but nonetheles­s does), Mkhwebane told journalist­s after the committee meeting, remained completed, though in limbo, until a court rules on various demands that it not be released.

She strongly suggested it will not be edited.

“The report is finalised so, if the court says we publish the report, the normal process will be followed,” she said.

 ?? Photo: Jaco Marais/Gallo Images/Beeld ?? Baseless promises: Incoming public protector Busisiwe Mkhwebane has vowed to do away with donors and consultant­s during her term of office, which started this week.
Photo: Jaco Marais/Gallo Images/Beeld Baseless promises: Incoming public protector Busisiwe Mkhwebane has vowed to do away with donors and consultant­s during her term of office, which started this week.

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