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'My focus is being Public Protector': Mkhwebane on why she left race to be chief justice

Public Protector Busisiwe Mkhwebane

Public Protector Busisiwe Mkhwebane

29th October 2021

By: News24Wire

  

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Busisiwe Mkhwebane says she has withdrawn from the race for the chief justice position because she wants to finish her term as the Public Protector. 

On Friday, the Presidency announced in a statement that she withdrew her nomination on Wednesday.

In addition, Wallace Amos Mgoqi declined the nomination.

Responding to the announcement, Mkhwebane said that although she was humbled by the vote of confidence in her capabilities, as expressed in her nomination, she decided to withdraw.

"My focus is here at the Public Protector South Africa, where I am left with two years now in office to finish what I started, which is taking the services of this noble institution to the backyards of grassroots communities," she said, adding, "From the bottom of my heart, I wish to thank all those who nominated me and those who threw their proverbial weight behind the nomination. I am truly humbled by your gesture. Words cannot express how indebted I am to you for your unfailing support."

Mkhwebane also explained the work of the Public Protector.

"If you read Section 165 and 181 of the Constitution, they are phrased in virtually the same terms, which means the same respect accorded to the judiciary should be extended to Chapter 9 institutions - not just the Public Protector."

She also said that while courts adjudicate and judges study the facts of the matter, identify the applicable law and apply the law to the facts, the Public Protector is an investigatory body that establishes the facts. 

"We then check what should have happened, which involves the identification of all the standards that ought to have been upheld.

"These standards could be the Constitution, the law, polices and so forth.

"We then reconcile the two (what happened and what should have happened). At that point, we are ready to make our findings and, if need be, take appropriate remedial action, which, like court orders, is binding.

"Therefore, as I said, the roles are as close to each other as they are far apart."

Mkhwebane wished the remaining nominees well and congratulated former Chief Justice Mogoeng Mogoeng for having exercised his powers and performed his functions with distinction and conviction, and for never allowing popular narratives to sway him.

While answering questions, she also gave Western Cape Judge President John Hlophe the nod, saying he is one of the best judges the country has ever had. 

Edited by News24Wire

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