Parliament takes on Public Protector

Parliament has joined the SA Reserve Bank and finance minister Malusi Gigaba to have the court nullify the Public Protector's order to take away Reserve Bank powers.

Public protector Busisiwe Mkhwebane has in an order stated that Parliament must make a law that will strip away the Reserve Bank's power to protect the currency and keep inflation in check.

Her order was first taken to court for review by the SA Reserve Bank‚ which argues a stable currency is essential for economic growth.

Joining the legal action‚ Speaker of Parliament Baleka Mbete says in court papers that Mkhwebane's order is unconstitutional‚ encroaches on Parliament’s exclusive domain‚ is undemocratic‚ negates section 74 of the Constitution which sets out the special requirements for amending the Constitution‚ and perverts the separation of powers.

Parliament spokesman Moloto Mothapo said in statement on Sunday: "The effect of the Public Protector’s amendment would be to remove the primary object of the Reserve Bank to protect the value of the currency. This function is not allocated to anyone else and leaves the currency unprotected."

Parliament also argues in legal papers that the public protector's order is unconstitutional because it is beyond the scope of her mandate and she is also encroaching on Parliament's mandate to create legislation.

Mothapo said: "The Public Protector does not have the power to prescribe to Parliament how to exercise its legislative powers."