Speaking truth to power is what lawyers need to foster rule of law: Madonsela

Speaking truth to power regardless of the risk of being thrown out of the circle of trust is what all lawyers need to play their part in fostering the rule of law and good governance‚ Public Protector Thuli Madonsela said at the weekend.

Madonsela was addressing the Faith and Law Around the Globe (FLAG) convocation in Limpopo. FLAG is a global network of legal professionals‚ including attorneys‚ judges‚ law faculties and students.

Madonsela warned the legal profession against telling those entrusted with power‚ particularly public power‚ what they wanted to hear‚ instead of what they needed to hear.

Madonsela used her personal experience to warn lawyers drawn from countries such as Egypt‚ India‚ Singapore‚ Canada‚ the US and Korea that in their quest to advise on justice‚ ethics or proper conduct‚ they risked being thrown out of a circle of trust.

She advised them that they should take comfort in the fact that when they told the truth or advised with integrity‚ events eventually unfolded to prove them right.

Even in the event that they were to find themselves out of the circle of trust‚ they should be comforted by the fact that history was likely to be on their side and that they played their role the best they could.

Madonsela said the Constitutional Court decision in the Nkandla matter was an act of lawyers sitting as judges taking a stand for the rule of law and giving a seminal judgement regarding the proper use of state power and resources.

The court found last month that President Jacob Zuma failed in his constitutional duty to protect the Public Protector. It found that Zuma should not have disregarded the remedial action contained in the Public Protector’s report on upgrades to his Nkandla home.

She said the judgement asserted the powers of her office and its role regarding protecting the public against excesses in the exercise of state power and control over public resources.

She added that she was encouraged that the Constitutional Court had authoritatively settled the debate regarding the binding nature of the decisions‚ including remedies of the Public Protector.