The Public Spat Between The ANC and The Public Protector Is Unfortunate

The momentary public spat we saw last week involving the Public Protector and some leaders of the ruling party was not particularly edifying.

As South Africans, we are known for being vocal and robust with each other. That is good for our democracy and it is something we should not lose. But even so, there is a decorum and dignity with which we must engage each other. The obligation is even greater on public representatives and those who lead society in general.

The questioning of the bona fides of the Public Protector by Luthuli House at a press conference last week was unfortunate. I am the first to say that the Public Protector as a person, like any of us, is not an infallible human being. Neither is her office. Her conduct and pronouncements are not and should not be immune from question.

But while comments about her pronouncements and the conduct of her office should be welcomed in the spirit of debate and enriching our democratic institutions, a toxic relationship between her and the ruling party should be avoided. The African National Congress is a leader of society and, therefore, bears greater responsibility to uphold the Constitution and protect all our Chapter 9 institutions.

We diminish our constitutional democracy when we make pronouncements about the person and/or office of the Public Protector that veer towards delegitimising her role. Be that as it may, I do not believe that we are at a stage where irresponsible demagoguery about the Public Protector has been reached - though some would like to convince us otherwise. I still hear the ruling party saying: "We respect her office. She must finish her term. After all, we put her in that office." That should be reassuring in spite of the aberration the ANC sometimes creates around her.

But fair comment on this matter does compel one to also take a dim view of the alleged leaks by the office of the Public Protector. Admittedly, there has been counter finger pointing about who leaked the letter the Public Protector wrote to President Jacob Zuma two weeks ago. But there should be protocol and procedures in that office about how correspondence of this nature is handled so as to avoid leaks or detect where they have occurred in the communication chain. The speculation by the Public Protector as to who leaked the letter, without providing the evidence, amounted to some sort of game in the mud not befitting the stature of her office.

Also, taking to social media to drum up societal support does come across as trying rather too much. She has released her report and it stands - unless it were to be overturned by a court of law. Therefore, there may be a case in the Public Protector allowing - not abandoning the matter - the parliamentary process to unfold and taking whatever action she deems necessary thereafter.

For a moment, I was tempted to give the Public Protector and the ruling party a public lecture about how they could use dialogue to resolve their differences - real or imagined. But that would be patronizing. The ANC knows the power of dialogue. After all, it used this option to deliver a peaceful transition from apartheid to democracy. Equally, after the Public Protector called for an end to hostilities with the ANC last week and after reading her level-headed interview with one of the Sunday newspapers, I figured out she needs no lecture from me.

In the interview, she is quoted as having said: "I don't disagree with the president's response. The president has not responded and he himself says so. I don't disagree with the parliamentary process." And so, what is the fuss about, I ask. As for those who are nursing a secret wish that she will stand for the Democratic Alliance in 2019 or are falsely accusing her of betting for the DA while undermining the ANC, she has set the record straight: ".... I will not go into politics because I had a chance to be an MP in 1994 when I was asked by Cosatu to join Parliament ........"

And she finishes the interview by revealing her political affiliation: "There have been many opportunities to go into politics, but each time I was nominated by my ANC branch in Pretoria, I always declined." Now that we have clarity on these matters, including the colour of her blood (as they say in politics), can we allow the good advocate to do her work unhindered and without ascribing her to any diabolical political agendas?

And so, whatever the controversy or debate about the Public Protector, especially the current incumbent, let us be mindful that that office provides us, among other safeguards, a real cushion from the possibility of becoming a failed state. Let's critique her office without delegitimising it.

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