Madonsela: Symbol of hope for ordinary citizens, symbol of fear for political thieves

18 September 2016 - 02:01 By SIBONGAKONKE SHOBA and QAANITAH HUNTER

Thuli Madonsela set a new standard for public probity in SA — and helped many along the way MR K walked into the public protector's office in Pretoria, yelling and shouting.The Mpumalanga resident wasn't angry at Thuli Madonsela for finding that President Jacob Zuma was liable for a portion of the R246-million the state spent on his private residence. Mr K was frustrated because he had been homeless for seven years - despite having reported his eviction from his home to the public protector.When it became clear Mr K had lost his home, the government promised to allocate an RDP home to his family."I said to him: 'I thought you had a house,'" Madonsela recalls.story_article_left1"He said: 'I do have a house, but I can't go to it because it's in Jupiter.' "At that stage I thought Jupiter was a suburb in Mpumalanga and it's too far from where he's living and that's why he can't occupy it. And he laughed at me. It was a long story. There was no house and there were a lot of stories."To cut a long story short, Madonsela intervened. And this week Mr K was handed the keys to a new home.Mr K's story would never make headlines in national newspapers, but his case is one of 16000 "Gogo Dlamini" cases Madonsela has resolved in the past financial year.The "Gogo Dlaminis" are ordinary people inspired by Madonsela's reputation for investigating impropriety without fear or favour. Madonsela has become a symbol of hope for many South Africans who had lost faith in the fight against corruption and maladministration.She is admired by many citizens who have more belief in her office than they have in law enforcement agencies.During an interview in her second-floor office in Hatfield, Pretoria - possibly her last as public protector - Madonsela beams as she relates the struggles of ordinary people.These are the kinds of cases she counts as the highlights of her seven years as public protector.In line with parliament's recommendation, Zuma is expected to confirm Advocate Busisiwe Mkhwebane to fill the post Madonsela has made her own."The highlights of the past seven years were the things that were happening behind the scenes," Madonsela says. "Reconciliation and mediation with government [on complaints] reported by ordinary people."But not all cases had happy endings.full_story_image_hright1Madonsela remembers with regret a Mrs Mdladla who had asked her to intervene when the Commission for Conciliation, Mediation and Arbitration improperly removed her as a part-time commissioner. She had been sick during the investigation, and died just as the CCMA agreed to pay her."I couldn't help wondering whether the stress of not having a job and an income had contributed to whatever illness she was already battling."But these were not the cases that kept Madonsela in the headlines.Her office exposed a number of politicians who had abused their positions to improperly benefit themselves. Her scalps include the late co-operative governance and traditional affairs minister Sicelo Shiceka, former communications minister Dina Pule, former public works minister Gwen Mahlangu-Nkabinde and former national police commissioner Bheki Cele.Shiceka was investigated for using state resources to visit his girlfriend in a prison in Switzerland. Pule was found guilty over a dodgy telecommunications contract involving her boyfriend. Mahlangu-Nkabinde and Cele were found to be in the wrong in a lease for new police headquarters in Pretoria.block_quotes_start I got it through journalists who said someone in government - I won't mention who - told them he seriously believed I'm a spy block_quotes_endBased on the findings of the reports, the president fired Pule, Mahlangu-Nkabinde and Cele."The impact there was to make members of the executive understand that like other state employees, privileges are defined and you can only take what you're entitled to. You can't take more. Even when you take what you're entitled to ... just because you're entitled to stay in [a] five-star [hotel] it doesn't mean you have to stay in five-star."Although most ministers complied with her office without any drama, some were not impressed with Madonsela.She remembers Shiceka quibbling about the tone of her report."Another minister who complained over the issue of language was minister Mahlangu- Nkabinde. But generally all ministers have been helpful. When they get involved ... they bring maturity."full_story_image_hright2But that maturity seemed to disappear when Madonsela released the contentious "Secure in Comfort" report, which found that Zuma had unduly benefited when nonsecurity features were added to his private home at Nkandla.Madonsela recommended that Zuma pay back a portion of the R246-million. Instead, a new process was undertaken by Police Minister Nathi Nhleko, who found Zuma was not liable for any of the money spent at his rural compound.Opposition parties took the matter to the Constitutional Court and Zuma was ordered to pay.Zuma's backers hurled all types of insults at Madonsela - with Deputy Defence Minister Kebby Maphatsoe even accusing her of being a US spy. State Security Minister David Mahlobo confirmed that the spy allegations against Madonsela were being investigated.block_quotes_start I left the ANC not because of any bad things. I left for professional reasons and those professional reasons remain block_quotes_end"What was sad is that my government decided to investigate. I was not informed that my government was going to investigate. I got it through journalists who said someone in government - I won't mention who - told them he seriously believed I'm a spy. I thought that was the lowest point."Another traumatic moment for Madonsela was when her life was threatened - it emerged that a hit man had been hired to kill her."What was sad was not the allegations, but how they have been handled."Madonsela will vacate her office on October 15 and plans to do "civic work" and teach and practise law.Will she rejoin the ANC, which she left in 2007?"I left the ANC not because of any bad things. I left for professional reasons and those professional reasons remain...It was from a point of view as lawyers...you want to stay neutral."Her successor, Mkhwebane, has been accused by the DA of being close to Zuma. But Madonsela refuses to say if she is the right choice."I had a view, but it does not matter right now."shobas@sundaytimes.co.za, hunterq@sundaytimes.co.za..

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