Zuma opines but courts must rule on Thuli's powers

President Jacob Zuma has every right to test the powers of the public protector, as has everyone, and by so doing strengthens our democracy.

Zuma contends that Thuli Madonsela's role is "akin to that of an ombudsman and quite distinct from that of the judge".

We would need the courts to decide on that somewhat dubious opinion.

But we must ask: Did Zuma suddenly wake up to smell the coffee? In the past he has not hesitated to act on Madonsela's reports. A number of ministers in his cabinet have been shafted and removed as a result of her findings.

It was relatively easy for Zuma to comply with the public protector's reports in the past because the fire was not engulfing him and his family.

Now that the heat is on him, he suddenly realises that Madonsela's reports are "not judgments to be followed under pain of a contempt order but rather useful tools in assisting democracy".

Mr President, we urge you to take this new notion of yours about the protector's powers to the courts, so that we may know once and for all where we, and you, stand.

It would be useful for the country and the next public protector to know whether the executive can be held to account, or whether we should just throw up our hands and accept that our leaders are free to do as they please.

Some maintain that you are again playing the delaying game and opening a new chapter in the Nkandla debacle. We need the courts to settle this matter, which has dragged on for too long.

Sometimes a scandal-prone politician with deep pockets is just what we need to put our constitution and the laws that govern us to the test.

The people are angered by Zuma's ever-changing stance but we should not lose hope.

The truth will come out - and Zuma and Madonsela will have to accept it.

We must debate and implement laws that will spell out who will deal with a public protector's report if it involves the head of state, to whom it would otherwise be submitted.

A head of state cannot be the referee of his own case.