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Newsmaker: Stepping into Thuli’s shoes

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Busisiwe Mkhwebane
Busisiwe Mkhwebane

While the South African Constitution is arguably the best in the world, it does not assist the country’s citizens when it comes to enjoying all the benefits of democracy, and the government should take a more radical approach to address the economic imbalances between races.

These are the views of Advocate Busisiwe Mkhwebane, the woman who has been tipped to take over from Thuli Madonsela, South Africa’s popular Public Protector, who leaves office in October.

MPs quizzed Mkhwebane about these views when she was interviewed in Parliament on August 11; first by ANC MP Patrick Maesela and later by Floyd Shivambu, chief whip of the Economic Freedom Fighters (EFF).

She didn’t give a direct or clear answer to Maesela, and hence Shivambu, with a smirk on his face, posed the question again.

Mkhwebane (46) explained that by “radical approach” she meant: “You bring the services and you make it possible for ordinary people to enjoy whatever you are providing.”

Mkhwebane said an example was the 90% local content introduced at the SABC. “For me, that is a radical approach, because you are saying: ‘I am making the environment accessible for you as local artists.’ That’s what I was saying; can we then make sure that we have that?”

Mkhwebane said the challenge with the Constitution was that it provided for “everyone”, not only South African citizens.

With the exception of the right to vote, which is reserved for citizens, all other rights are constitutionally provided to everyone, regardless of citizenship.

“In China, for instance, you cannot buy land if you are not a citizen,” she said.

Mkhwebane declined to talk to City Press this week, saying she was not giving media interviews until her appointment was officially confirmed.

If appointed, she will have to leave her job as a spook a mere three months after joining the State Security Agency.

This week, MPs from across the political spectrum, with the exception of the DA, backed Mkhwebane as their candidate for the job.

The DA has reservations precisely because of her ties with the spies. The party reserved its comment on Mkhwebane’s nomination this week as other parties backed her for the position.

On Friday, DA spokesperson Phumzile van Damme said the party was still consulting internally before Mkhwebane’s name was presented to the National Assembly this week.

Sources in the party said it was unlikely that the DA would support her nomination.

Mkhwebane was born in Bethal, Mpumalanga, on February 2 1970. She matriculated from Mkhephuli Secondary School in Kwaggafontein-C, Thembisile Rural, Mpumalanga, in 1988.

After obtaining an LLB from the University of Limpopo in 1994, she worked as a public prosecutor.

That was the beginning of a long career in public service. Mkhwebane has since worked with the SA Human Rights Commission as a senior researcher. She has been a director at the department of home affairs, and spent four years in China working as an immigration counsellor at the South African embassy.

This will be Mkhwebane’s second stint at the Public Protector’s office. She worked there as a senior investigator for six years from May 1999 until May 2005.

Mkhwebane describes herself as “a professional woman with strong leadership capability”.

“I am a human rights law expert, including on immigration law and refugee law.” She added: “I am apolitical and unbiased, therefore my judgments won’t be biased.”

Shivambu quizzed her again on being apolitical.

“I don’t have any proximity to any politician, nor do I have a family member who is a politician. But I have worked with a number of politicians,” she responded.

This week, both the DA and the EFF claimed to have received information that Mkhwebane was President Jacob Zuma’s preferred candidate, but the EFF said it wouldn’t hold that against her.

And the key challenges she envisages if she is appointed? “People not implementing the proposed remedial action. Our approach is to be conciliatory and to ensure that there is a lot of engagement with public servants on what role they should play to serve people who are voiceless.”

Mkhwebane is clear on the relationship between the Public Protector’s office and government. It should not be antagonistic, she said.

But, she added with a smile: “It’s not a question of saying we must have a cosy relationship. If work needs to be done, or an investigation needs to be done ... It’s more about ensuring that we use our expertise to resolve conflict in an amicable way.

“It’s a question of being transparent and acknowledging where we are not doing well.

“It goes back to the person who is unbiased and not prejudiced to do her job without any fear or favour,” said Mkhwebane.

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