Freedom to uphold democracy under fire
It is probably ironic that while South Africa celebrated Freedom Day on April 27, the very freedom of the defenders of our Constitution, such as the media and the Public Protector remains under fire.
And while the Public Protector Thuli Madonsela has been in hot water following her Nkandla report, you got to appreciate the other irony that she has been named in Time magazine’s annual list of the most 100 influential people in the world.
So while our government by all accounts has failed to take the report seriously, pushing it aside until after the elections, a world-wide influential publication has instead led the way to again demonstrate the importance of her office and the importance of upholding our Constitution.
It has taken Time magazine to remind our government and the people of SA that the Public Protector Office should be respected as it stand as a beacon for good governance and democracy.
On the Public Protector Office website, its states its mandate is “to strengthen constitutional democracy by investigating and redressing improper and prejudicial conduct, maladministration and abuse of power in state affairs; resolving administrative disputes or rectifying any act or omission in administrative conduct through mediation, conciliation or negotiation; advising on appropriate remedies or employing any other expedient means; reporting and recommending; advising and investigating violations of the Executive Members Ethics Act of 1994; resolving disputes relating to the operation of the Promotion of Access to Information Act of 2000”.
The Public Protector’s eyes should, therefore, be on all injustice, so that our democracy can function efficiently. Yet, when you start to question the integrity and the authenticity of the Public Protector, then you run the risk of becoming a dictatorship without being held accountable.
The Advertiser recently reported that the Public Protector is also looking into financial irregularities regarding the Ekurhuleni city manager Khaya Ngema. Once again in this case, her work should be allowed to continue unimpeded and her findings taken seriously, otherwise corruption and mismanagement will continue to run wild.
In regard to her nomination, Adv Madonsela welcomed the announcement, saying she was taken by surprise that the modest efforts of her office were not only been recognised at home, but elsewhere in the world too.
“Like several other accolades that have been bestowed on me, I regard my inclusion in the Time 100 as an acknowledgement of the selfless efforts of the Public Protector team at large,” she said in a statement, reacting to the announcement.
“I also hope that this gesture will put the Public Protector or the Ombudsman institution on the world map, therefore alerting governments of the potential of this institution as a partner in promoting good governance, thus strengthening constitutional democracy.”
The Public Protector added that her team would continue to draw inspiration from the fact that their effort to assist government to identify and eradicate maladministration is an important contribution to public accountability and a stable democracy.
According to Time, the list, which is now in its 11th year, recognises “the activism, innovation and achievement of the world’s most influential individuals”. The magazine describes Time 100 as “a list of the most influential people in the world” and not a list of the most powerful or smartest people in the world.
Therefore, by logical conclusion, the Public Protector’s office should be allowed to continue influences the country for the better, instead of being lambasted by the government for striving for honesty and fairness.
On the Time magazine website, Lamido Sanusi,who was governor of the Central Bank of Nigeria from 2009 to 2014, writes concerning the Public Protector:
“As South Africa’s public protector, with her ability to speak truth to power and to address corruption in high places, Madonsela has been outstanding. To speak about corruption in high places is often subversive and always embarrassing. The machinery of State can be called upon to intimidate or even destroy and eliminate whistle-blowers. It therefore requires extraordinary courage and patriotism to do what Thuli Madonsela has done.”
The media in general also knows what it feels like to come under attack in terms of censorship. After all, for those who think that outright freedom of speech exists must think again – it is a fallacy.
A lot of institutions like the SAPS and the metro after all censors information that is passed onto the media. And yes, the media cannot write what it simply wants to write.
Think also of the dreaded Secrecy Bill that could muzzle whistle-blowers and the media in regard to exposing corruption and the abuse of power.
So while Freedom Day was celebrated, once again we have to take into consideration that indeed the freedom of speech remains under attack.
This begs the question, how free are we indeed, or are only those who flourish because of injustice and corruption free?
Let us hope as we look forward beyond the elections that the defenders of democracy will be allowed continue to thrive and operate without being silenced to the determinant of the nation, otherwise our democracy remains but a joke.
