Madonsela welcomes ‘rule of law’

Former public protector Thuli Madonsela has welcomed a court ruling that the remedial action in her State of Capture report was binding as a vindication of the rule of law and accountability.

“The essence of this judgment is the rule of law. It’s really about restating and re-enforcing the rule of law. Within the context of the rule of law, the key element Judge [Dunstan] Mlambo mentioned today is accountability.

“That nobody can exercise public power without being accountable or answerable for the exercise of power. And what the state capture allegations alleged was the refusal [of the president and other Cabinet ministers] to be accountable.

“… In a country that seeks to govern itself in terms of good governance to ensure that the dividends of democracy are shared by all, an allegation that the state has been captured in the interest of the president’s family is a serious allegation that needs to be investigated immediately,” she said.

Madonsela said her office did get support, but there were problems and the president was never available to be properly interviewed.

He was first informed of the allegations in March last year and in April that the investigation was still ongoing.

“I think he could have assisted the office a little bit better. Given the fact that we’re governed through indirect democracy because of proportional representation, I believe the governing party should have ensured this matter was investigated,” she said.

Madonsela dismissed allegations that opposition parties had abused her office, saying they were “throwing a dead cat” and were side-tracking the country from the real issues.

“The office’s job has always been to investigate impropriety in state institutions, to report on it and to take appropriate remedial action” she said.

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