The Public Protector has stressed she does not ‘just go to court’, but defends cases concerning the mandate of her office.

It has been noted that Busisiwe Mkhwebane made this clear in answer to questions from MPs when she appeared before the National Assembly’s Justice & Correctional Services Committee on Saturday to present her office’s annual performance plan.

According to a News24 report, Mkhwebane said she was ‘defending several matters where the matter has an impact on the mandate of the Public Protector’.

‘We don't just go to court,’ she added, saying the office was taken to court when her reports were taken on review.

She also noted her concern that the Public Protector was portrayed as the ‘only institution which is facing litigation’, while, according to her own research, the other entities reporting to the committee also have their cases being taken on review.

Mkhwebane said the Department of Justice paid R1.8bn in legal fees, the Special Investigation Unit R21m and police R300m. The questions of suspensions in her office also cropped up.

In March, it was reported Mkhwebane had suspended the head of her Free State office, Sphelo Samuel, the day after he wrote an official letter calling on her to resign.

DA MP Werner Horn asked about this, and how many other staff members were currently suspended.

Mkhwebane said ‘several of those employees had violated the policy of the Public Protector’.

‘It is an issue of discipline that needs to be enforced,’ she added.

Acting CEO Yalekile Lusibane said five staff members were currently suspended. She requested to be allowed not to divulge further details. Parliament's removal proceedings against Mkhwebane – now in limbo – were not discussed.

Full News24 report

It was revealed the National Treasury had asked the Public Protector’s Office to cut 17% of its 2020/2021 budget.

Chief financial officer Tshiamo Senosi said this would amount to about R57.6m. He said the Public Protector would not be able to implement its targets for the 2020/2021 financial year if the budget was cut, adding it was not in a position to absorb any budgets cuts and this had been communicated to the Treasury, notes another News24 report.

The Public Protector instead requested additional funding for the next three financial years – R53m for 2020/2021, R41m for 2021/2022, and R50.5m for 2022/2023.

Most of the requested funds are for filling critical staff positions. During the 2017/2018 and 2018/2019 financial years, 33 positions became vacant due to resignations.

Due to budget constraints, the Public Protector could not fill these positions. The request also includes more than R900 000 over the next two years for personal protective equipment to ward off Covid-19.

Mkhwebane noted that she and her predecessor, Thuli Madonsela, have in recent years regularly raised the office's funding with Parliament.

Mkhwebane said the office had been designated an essential service in terms of the regulations governing the national State of Disaster.

‘Accordingly, we have been working remotely throughout the national lockdown, processing up to 158 new cases at the head office alone since the restrictions kicked in,’ she added.

These cases included those of SA citizens stranded in Egypt after having paid for flights back home due to the lockdown. There was also a case involving a number of SA students who found themselves in a similar predicament in Russia and needed repatriation.

She said of the 158 cases, most dealt with its normal fare – cases of maladministration – and only six are directly Covid-19-related. Thus far, no Public Protector official has been infected with the virus.

Full News24 report