Public Protector in Cape storm: Zille, De Lille question Mkhwebane's understanding of her powers

The offices of Western Cape premier Helen Zille and Cape Town mayor Patricia de Lille are the latest to question the public protector's understanding of her powers.

On Friday, as she inspected blocked toilets and canals in Masiphumelele near Fish Hoek, Public Protector Busisiwe Mkhwebane accused Zille and De Lille of being in contempt of her office because they failed to join her in the township, despite being subpoenaed.

"I subpoenaed the premier and the mayor to come and join me so that we can find a solution, especially because it is winter and it is raining in Cape Town," she said.

"I couldn't foresee a situation where people could still be living like this, it is not a healthy environment, but unfortunately they (Zille and De Lille) couldn't come."

She said this was nothing new.

"In fact (the public protector's Cape Town office) are concerned that they struggle to get cooperation from the city," she said.

De Lille's spokesman, Zara Nicholson, said the Public Protector Act stipulates that a subpoena must be served in person. "This did not happen. The mayor did not receive a subpoena in person."

"The city is always willing to cooperate with the public protector but we want to follow proper procedure in order to protect the integrity of the office of the public protector as well as the work that we do in the city.

"We will cooperate once the proper procedure is followed."

In a letter to Mkhwebane on Friday city manager Achmat Ebrahim said he was concerned about the "complete absence of any kind of professional courtesy in this approach by the public protector".

Zille's spokesman, Michael Mpofu, said the premier was abroad and no subpoena was served on her. "In addition, we pointed out to the public protector's office that the service delivery issue her correspondence refers to is not a mandate of provincial government."

Mkhwebane ran into a storm of criticism last week after she told parliament to consider amending the constitution to change the mandate of the Reserve Bank.