Mkhwebane really should no longer be in office

Predictably, the supporters of Public Protector Busisiwe Mkhwebane – the Economic Freedom Fighters and the proponents of Jacob Zuma’s “radical economic transformation” (RET) philosophy – have reacted with anger to her roasting yesterday by the High Court.

Partly, it is because Mkhwebane has been shown up, once again, in a judicial setting, to have a limited comprehension of the law and of logic. But is also because, on this occasion, she has had one of her attempted hatchet-jobs on President Cyril Ramaphosa (and those supporting him) shot down in flames.

Again there have been shouts that the judgment against the Public Protector shows that apartheid is alive and well and deeply ingrained in the judiciary … which conveniently ignores the fact that the judge doing the dressing was black – Judge Elias Matojane.

Among the many negative comments he made about Mkhwebane was that she “displays a deep-seated inability or refusal to process facts before her in a logical and fair-minded manner.”

Another was that she displayed a “complete lack of understanding of her powers” in relation to the National Prosecuting Authority and prosecutorial independence.

The comments from Judge Matojane echo those of a number of other judges when assessing the various reports and recommendations of Mkhwebane which have been challenged in the courts. In most cases, she has been called incompetent.

However, the cases she has chosen to take on, the positions she has taken, the way she has investigated and the way her reports have been worded indicates more than a lack of knowledge or skill. It looks as though she is pursuing an agenda closely aligned to the interests of the RET proponents and those orbiting Zuma.

After another serious negative court finding, there is only one question to ask: why is she still in office?

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