As the damaging court battles between Busisiwe Mkhwebane and others rages on, the spotlight is firmly on the governance of the Chapter 9 institution, and the relations between Public Protector and her deputy Kevin Malunga.
This follows revelations by Malunga in which he detailed weaknesses in the Public Protector’s office, including a lack of consultation between officials.
Malunga’s comments on eNCA came as assertions flooded social media that Mkhwebane wasn’t only unfit to hold the office, but was also using the office to settle political scores.
This followed Monday’s High Court ruling that suspended remedial orders by Mkhwebane against Public Enterprises Minister Pravin Gordhan, the latest blow to Mkhwebane in the courts.
Reacting to the judgment, Gordhan’s legal team said the minister “doubts the competence, integrity, legal literacy and Constitutional grasp (by the Public Protector) of her powers, duties and functions.”
Referring to last Monday’s adverse Constitutional Court pronouncement against the Public Protector, Malunga said: “I think we should be consulting each other a lot more. I don’t know anything about the Absa report, sitting here as the deputy Public Protector and I think that should’ve been done better. But I think these are lessons that should be learned in the future for the institution to grow,” Malunga told eNCA.
The relationship between Mkhwebane and Malunga has been frosty for some time, with the naturalised South African telling Parliament last year that he was being sidelined because he does not have a security clearance.
Mkhwebane wrote to the then National Assembly speaker Baleka Mbete and to the former chair of the justice committee‚ Mathole Motshekga‚ about Malunga’s role in the Public Protector’s office in light of his vetting.
“I indicated that in my term these are the concerns I have as far as the laws of the country are concerned … as a committee and myself‚ must we violate those laws‚ especially on the fact that‚ is there work which needs to be done by Malunga when he doesn’t have the security clearance?” Mkhwebane wrote.
