A public protector’s job is to make sure people stick to the law — not change it
Busisiwe Mkhwebane’s foray into economics is embarrassing and without precedent
Public Protector Busisiwe Mkhwebane has directed a parliamentary portfolio committee to initiate proceedings to amend a clause in the country’s Constitution that sets out the primary aim of the Reserve Bank. As many commentators have pointed out, the public protector cannot order that the Constitution be amended. It is not part of her job and it is outside her powers. The Constitution gives the public protector the task of investigating any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice. The focus of her investigation is thus conduct. This is underscored and fleshed out by the Public Protector Act. The act empowers her to investigate, among other things, maladministration, abuse of power, dishonest acts or omissions, improper enrichment, and acts or admissions which result in unlawful or improper prejudice to any other person. In this case, the public prot...
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