So sir Joelus, where or what is/was the public protector's role and achievements in the Nkandla report and many other criminal and corruption charges before that? What happened?
I always believed that been a brainwashed communist fool is one thing but being stupid with blinkers on is completely another thing all together!
The fact that the Nkandla report exists at all is testimony to usefulness of the public protector.
We haven't heard the last of it either.
http://mg.co.za/article/2013-12-10-taking-remedial-action-is-part-of-the-public-protectors-arsenalThe power of the public protector to "take appropriate remedial action" goes far beyond merely speaking truth to power on behalf of complainants in the form of "recommendations". In the past, and on the public protector's say so, Cabinet ministers have been dismissed and the former chief of police, Bheki Cele, was required to face the Moloi board of inquiry before facing a similar fate. There was much more than mere persuasion involved in these outcomes. Any failure on the part of the government to comply with the recommendations of the public protector could have led to litigation aimed at compelling compliance with the recommendations made.
It was surely the knowledge of this possible eventuality that led to the dismissal of Bheki Cele. Those in power realised that either the complainants against his misconduct and maladministration (or the public protector herself) would easily be able to persuade a court of law that the continuing in office of a person who could see nothing wrong in leasing police headquarters at more than three times the going rental rate would have been irrational, and therefore against the precepts of the rule of law. The past successes of the public protector were achieved, not because the government "has her back' but because it is obliged to regard the rule of law as supreme.
Our independent and impartial courts of law are available both to the public protector and to those who complain successfully to her about maladministration of all kinds. In some instances, the facts uncovered in the investigation of the public protector can most appropriately be taken further by referring her reports to the police and prosecution authorities. In others administrative action is appropriate as, for example, when the Competition Commission may need to investigate a cartel. In still others the machinery of the civil law may be most conveniently used to bring about a just outcome.
This occurred when the leases Cele negotiated were cancelled in order to spare the taxpayers the exorbitant costs involved. Neither Cele nor the landlord wanted this result, but the law coerced the outcome that accords with justice. There is no reason to anticipate anything other than a legally sound outcome to the Nkandla debacle. There are prima facie indications of criminality in the preliminary report. If the public protector is wrong in her findings, she can be taken on review in the high court, if she is right, criminal, administrative and civil consequences could and should flow from her findings. Otherwise "an indispensable constitutional guarantee" will be lost.