In the end, the tough questions will come, like how does an advocate miss that her report is unconstitutional?
Over the past few weeks, she has managed to place herself and her office at the centre of breaking news, even though none of the news is very flattering.There are a number of issues that need to be taken into account when assessing her actions. The most important is the place of her office in relation to government. She has the powers to hold the executive to account – and those are no ordinary powers.
An advocate should know it’s not just a numbers game – it is how deep the flaws in her reports were: 200 flimsy cases against one that rules her investigations and findings unconstitutional is very damaging. It then beggars belief that on the back of a ruling that has been deemed “unconstitutional”, she has gone straight ahead, all guns blazing, to defend her other findings.
The reports against President Ramaphosa first appeared as leaks, not allowing those implicated an opportunity to study the report and decide whether to take it on review or not. What is amazing is the speed at which her office worked to release the report into allegations against Deputy President David Mabuza. Unlike Gordhan and Ramaphosa, there is no need for a damaging lingering wait. Her office even refused the president an opportunity to extend the days in which he can respond.
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