Minister and Chairperson, over the last few years we have seen the importance that the judicial sphere of governance can play in upholding our Constitution and protecting our country from becoming a Banana Republic.
The judiciary, the police, the prosecuting authority and chapter nine institutions are key foundational institutions that must be protected against undue political interference, and they must be allowed to conduct their work without fear or favour. These
institutions must be respected, regardless of who occupies them at any given period.
It is because of this that we are shocked and concerned at the general attitude of disrespect shown by senior leaders of government towards the Office of the Public Protector. There are a few general principles which we must remind member of this house:
First, the Public Protector is a Constitutional body, established in terms of Section 9 of the Constitution; Secondly it is important to remember that the remedial action of the public protector is binding, unless set aside by the court of law.
A mere review of the remedial actions of the Public Protector doesn't suspend the implementation of such remedial actions. If an aggrieved party wants the implementation of the remedial action suspended, they must apply for an interdict in court.
Lastly, parliament has no powers to review or change the reports of the Public Protector.
It is therefore shameful that this constitutional body has been disrespected by as high an office as the Office of the President of
this country. President Ramaphosa appointed Mr Jamnandas Gordhan despite the serious findings against Mr Gordhan by the office of the Public Protector. Mr Gordhan had not interdicted the remedial action of the Public Protector, and as such, had no legal...
IsiXhosa:
[...Singena kula mali yaseBCM.]
English:
...basis to escape the implementation of that remedial action. The thing is once you deploy the thieves they will always try to protect other thieves. One day will have to remind each other of who we are, we know each other very well here and we know about all the scandals that we have. So if you are going to make a noise we will remind who you are.
President Ramaphosa therefore failed to apply his mind, and to honour his oath to always uphold and defend the constitution by appointing a constitutional delinquent as minister. But in the last week it has become clear why President Cyril Ramaphosa did not act against Mr Jamnandas Gordhan, because if he had he would have been setting a legal a precedent that he would have had to applied to himself.
The Public Protectors most recent report has clearly found that the President violated his oath of office. The last President who was at conflict with the Public Protector was President Zuma, and he was a Constitutional delinquent. President Ramaphosa must not follow in his foot- steps, or he will suffer the same fate.
The only honourable thing to do at this stage is to take a leave of absence while the Public Protectors report which made the findings against him is taken under judicial review. As the Minister of Justice you have a responsibility to stand up in defence of the office of the public protector.
We cannot continue to allow political parties, and individuals, particular office bearers, to discredit the office of the Public Protector and undermine our Constitution. But protecting the office of the Public Protector is only one of the many things you will need to do in your term as Minister. Because, there a number of other issues that need to be urgently addressed, and top of the list is the release of all political prisoners.
All prisoners who are in jail for political reasons, more especially the struggle for liberation need to be released. We cannot continue
to have butchers like De Klerk walking free while freedom fighters languish in jail.
Secondly, you need to pardon all Fees Must Fall activists, who are currently in jail or who have to regularly appear in court for fighting for free education. You yourself have always supported the struggle for Free Education, so you must allow yourself to be guided by your revolutionary conscious and release all Fees Must Fall activists.
There is also an urgent need to introduce measures to strengthen the Judicial Services Commission to ensure the filling up of judicial vacancies. We cannot continue to have vacancies in our justice as this reduces capacity, and the people's overall trust in the state to deliver justice.
Minister, one final issue that I want to address is the idea of the National Prosecuting Authority being funded by private donors. This must not be entertained. If more money is needed for the NPA it must be generated through tax revenue collection and not from private donations. We cannot allow our legal system to be dependent on rich individuals, because if we allow that to happen those same
individuals will dictate. The budget does not allow for justice system this country needs. We there reject it. [Time expired.] Thank you.