Judge Johann Kriegler, Chairperson of Freedom Under Law and a former Constitutional Court judge, says that the Public Protector may be following her mandate, but is using her powers in a way that the Constitution did not foresee.
Judge Johann Kriegler says that Public Protector Busisiwe Mkhwebane may be following her mandate, but is using her powers in a way that South Africa's Constitution failed to predict.
Judge Kriegler responded to reports that Mkhwebane is probing President Cyril Ramaphosa for allegedly laundering funds during his 2017 presidential campaign.
Briefly.co.za reported earlier that the Public Protector had expanded her investigation into Ramaphosa's R500 000 BOSASA donation to include the new allegation that his campaign fund had been used to wash money.
Kriegler says that, judging by the way Mkhwebane went off the rails in previous reports, she has now become a 'rouge unit':
"I have a picture in my mind of a traffic cop who is given the powers to police the roads but here we have a lady who is no longer on a motorbike but on a road grader, using the powers but using them in a way that the law did not contemplate."
The judge says that if Ramaphosa has engaged in any illegal activities they must be investigated, but adds that it is suspicious that her investigations were leaked to the public before implicated parties were completely investigated, reports Cape Talk.
Investigations are meant to be confidential, made public only once a finding is confirmed, with Kriegler commenting:
"We are now being suspiciously told that Pillay, Gordhan and Ramaphosa are subjected to suspicion of wrongdoing by the information that the Public Protector 's office or herself had leaked to the public. That has enormous political implications."
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