Public Protector Busisiwe Mkhwebane. Picture: SUNDAY TIMES
Public Protector Busisiwe Mkhwebane. Picture: SUNDAY TIMES

To err is human, but for a public protector to make an egregious mistake in law is a sign of crass incompetence. The value of the rand and RSA bonds fell as a result of her fatuous obiter.

People like me and you are at liberty to make extemporaneous remarks, but not the public protector. Judgments and arbitration decisions should speak for themselves and not need to be explained or elucidated as the learned (or not so learned?) public protector attempted to do in a discursive, incoherent and illogical way.

She said her decision was based on research on reserve banks in other parts of the world, but this argument is faulty as different central banks operate in different environments.

Even if her decision was correct, it would not exonerate her from acting ultra vires her powers. She broke elementary rules of law.

This, of course, is excusable in a country and continent where mediocrity is celebrated.

If that were not the case, she would have done the honourable thing — resign.

Erick MhlangaThohoyandou

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