Mkhwebane sides with Zuma against Thuli – report

The new public protector reportedly feels biased judges don’t exist and safeguards against Zuma’s conflicts of interest aren’t necessary.

Public Protector Busisiwe Mkhwebane reportedly does not agree with her predecessor, Thuli Madonsela, that President Jacob Zuma should not be given the opportunity to influence a continued probe into his relationship with the Gupta family.

The Sunday Times has reported after an interview with Mkhwebane that the public protector is of the view that “any judge” should be able to head up the commission of inquiry into state capture.

Madonsela recommended in her final report, State of Capture, that the chief justice, Mogoeng Mogoeng, should pick the judge in the interests of justice. Normally the president would pick a judge for inquiries, but Zuma has a conflict of interest in the matter.

In the past, when the president has picked judges, such as in the case of the Arms Procurement Commission, few or no adverse findings were made against him or even the ANC.

Mkhwebane has filed a notice to oppose Zuma’s application for a judicial review of Madonsela’s State of Capture report, but she is still seeking legal opinion on whether to proceed. Analysts believe this indicates she may be likely to ultimately withdraw the notice. She has also said that she does not wish to continue the work on Madonsela’s incomplete state capture investigations, saying she lacks the capacity. She wants an inquiry to deal with it.

Zuma, however, wants the court to rule that it should be Mkhwebane’s job to come up with a more thorough report.

Mkhwebane is of the view that the judiciary is “independent” and therefore “any judge can perform any duty without fear or favour”, according to the Sunday Times.

Meanwhile, Madonsela has reportedly hit back at Zuma for saying he is “outraged” at her suggestion that she is being targeted in revenge for her reports against him. According to a report in The Sunday Independent, she has challenged Zuma to prove he had nothing to do with the appointment of Mkhwebane, a former analyst at the State Security Agency, which she has also alleged may be behind efforts to target her.

She has maintained that there is no basis for the state to have unexpectedly docked R470 000 from her pension related to charges around her government-issue BMW. She’s also taken issue with other “false news” emanating from Mkhwebane’s office, such as that she and Mkhwebane have worked together.