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The nemesis of the crooked

- By http://www.thenewage.co.za/57090-1055-53-The_nemesis_of_the_crooked

No one is likely to have paid any attention to an assistant teacher answering to the name Thulisile Nomkhosi Mandonsela at an equally nondescript school, Evelyn Baring High, some 32 years ago. 

Does anybody call you by that other name? 鈥淣o. Only my father used to call me Nomkhosi.鈥 And this happened only when her old man 鈥渨as in a good mood鈥. 

Feeding the name of the school into a GPS console now is likely to prove more challenging and give the hackneyed phrase 鈥渓ooking for a needle in a haystack鈥 a whole new meaning. 
She continued to sail under the radar even when she moved to the more excitable Naledi High School in Soweto.
 
鈥淚 wanted to study law but my pastor had persuaded my mother that it was not a noble career. When I later persuaded my mother that I really wanted to study law, they did not have a place for me in that programme. The first degree I enrolled for was a BA in humanities, which principally prepares you to teach.鈥 

Did anyone really give a hoot when, just after the end of apartheid, she knuckled down together with 11 other technical experts to help draft the final Constitution, a period she describes as 鈥渢he best time of my life鈥?

Maybe no one still did but everyone sure made note when her (first) given name, now shortened to its nickname form, became synonymous with anti-graft. 

As Public Protector, advocate Thuli Madonsela has given the office a lot of chutzpah, having succeeded a docile (ruling) party apparatchik, another advocate, Lawrence Mushwana. Selby Baqwa, a decorated lawyer and a gentleman, was failed by his soft nature to make miscreants sit up and listen. 
Unlike Mushwana, Madonsela came into the post three years ago unencumbered by party political allegiances. 

But she thinks highly of Mushwana and Baqwa: 鈥淢y predecessors did a good job in laying the foundation that has allowed me to take the office to higher ground. Virtually all the key investigators are part of the legacy of my predecessors.
 
鈥淧erhaps the difference is that we are now placing a lot more emphasis on the constitutional injunction to be accessible to all persons and communities. We are also a little bolder on remedial action in the belief that when the Constitution says 鈥榯ake appropriate remedial action鈥, it means that people who elect to seek justice through my office rather than the complex expensive court do indeed get justice and not 鈥榓 gate to nowhere鈥.
 
鈥淲e鈥檙e also increasingly stretching ourselves a little more when it comes to finding the truth in order to tell it as we see it as opposed to telling what some persons in organs of state choose to let us see. 

鈥淜nowing we may be taken to a court of law as happened in the Mail & Guardian case and a court of public opinion, as has happened in many of our recent findings, helps keep us in check regarding the rigour of our investigations.鈥 

She is, as you read this, perhaps the only face of the post-apartheid government, after maybe Dr Nkosazana Dlamini Zuma, that even the opposition DA has faith in. 

Their shadow minister of defence David Maynier was merely showing the party鈥檚 vote of confidence in the work of Madonsela when he referred his gripe to her over the irregular appointment of Paul Ngobeni as special adviser to former Defence Minister LindiweSisulu, who has now been moved to Public Service and Administration. 
Madonsela found the vetting process that Ngobeni was subjected to by military intelligence to be porous if not outright laughable. How they could have missed that he was a fugitive from US law where he was charged with ethical misconduct in Connecticut remains a mystery. 
It is not an indictment on her predecessors but it is doubtful that they could have arrived at the same findings as the workaholic Madonsela. 

With her, there are no holy cows, taking to task everyone from the high and mighty like former national police commissioner General Bheki Cele to those in the lower rungs, like the authorities at Chris Hani-Baragwanath Hospital for refusing to disclose the cause of death of a patient. 

She is the only person in public office who is prepared to forego the perks of her job and point out the obvious hard truths 鈥 as in Jimmy Manyi鈥檚 case. When everyone else chooses to bury their head in the sand and not see his dual role as GCIS head and BMF president as a glaring conflict of interest, Madonsela will tell it as it is.

Her services are free, thereby disproving the popular myth that the law is only for those with deep pockets. It does not matter whether it is a school, like Milnerton High that refuses to admit a pupil or a government department, like Water and Environment Affairs, that miscalculates the leave days of employees, Madonsela will investigate 鈥 and provide redress. 

A home owner could approach her office and find joy in the fact that she鈥檇 probe 鈥 and get to the bottom of the issue 鈥 why a municipality, Theewaterskloof in this case, should carry blame or not for the damage to household electrical appliances after a power surge. 
鈥淢any of the cases that seem small by global standards are the difficult ones as they often involve interpretation of the law.鈥 
She cites an example: 鈥淚 consider a case regarding the CCMA鈥檚 power to directly accredit and therefore effectively chose members of a bargaining council and the justness of action taken by the CCMA is one of the most difficult and painful cases I have ever dealt with. The matter was compounded by the fact that the person died before the implementation of my findings. Then there鈥檚 the case of a bright young man who, having received a university scholarship, had to forfeit it and wait for an ID for five years. Now seven years down the line his matric results cannot be found and no one is willing to take responsibility.鈥
 
In the unhurried and soft manner of one who is confident she knows what she鈥檚 doing, Madonsela has been able to expose lies and get the culprits to account. 

One case that has probably catapulted her to the status of nemesis of the crooked is the matter of the flagrant abuse of taxpayers鈥 money by the late Sicelo Shiceka, the sickly and beleaguered Minister of Cooperative Governance and Traditional Affairs in the latter days of his life. 
She found that Shiceka had lied about the reasons for his unscheduled trip to Switzerland where he visited a prison inmate. 

Her report on the matter is a comedy of errors that makes for fascinating reading. 

She called on President Jacob Zuma to act against Shiceka, who was seen as an untouchable of some sort by virtue of his support for the president. 

It is a matter of public record that Zuma fired the man.


The ill-fated SAPS headquarters鈥 lease in Durban and Pretoria that ultimately saw to the demise of the once powerful and flamboyant Cele was a scary assignment. Was it not?
 
鈥淔rom my side the 鈥楢gainst the Rules Investigation鈥 was another assignment. We also did not expect to find what we found and that is the case in many of our investigations. Regarding security, my family is often concerned, especially my brother.鈥 
But the contentious SAPS lease is yet another finding that shines the light particularly brightly on the work of this hardworking woman. 

A little smear campaign that followed to discredit her lasted as long as candle flame in gusting wind. 

To paraphrase, Madonsela has proved worthy of throwing stones because she does not live in a glass house. 

When her 23-year-old son Wanda crashed her state-issue BMW X6 into the wall of a Pretoria residence, Madonsela did the unthinkable in South 第一吃瓜网 high office 鈥 she readily owned up and took responsibility. 

She was nowhere near that car when Wanda, a grown man, allegedly swerved to avoid hitting a dog and rammed into the wall. 

Her CV does not say where she acquired her honours for honesty and integrity but her office, whose envisioned values include human dignity, redress, transparency, fairness and justice can only find expression in a person like her, clean as a whistle. 

A Joburg girl, from Dhlamini 2, Soweto, Madonsela has come a long way from her days as national organiser for a trade union. She returned to her alma mater, Wits University, for two years to lecture in law. 
She鈥檇 still love to teach, she says, but life after the Public Protector鈥檚 office is already bespoken. 

鈥淲riting will be my first priority 鈥 for at least a year. Going back to academia will be next and possibly combining it with selective constitutional litigation and legal advice focusing on human rights, including equality and administrative justice, is a sure thing.鈥 
Being the Public Protector has given her a highly recognisable face, she admits. She doesn鈥檛 mind bumping into total strangers who seek her help 鈥 on the spot. 
 
And if you thought this demanding job was the highlight of her career, you have another think coming: 鈥淗elping a group of young men from Bekkersdal get out of death row was the highlight of my career as a young law student.鈥

Madonsela will address The New Age Business Breakfast tomorrow. To book, go to www.thenewage.co.za         
    

donm@thenewage.co.za

FACTS AND FIGURES:  Thuli Madonsela

 

 禄She studied at university in Swaziland 

禄 Her first serious job as a university graduate was as a volunteer 

禄 She is a member of the Black Lawyers Association and the Business Women鈥檚 Association of South Africa

禄 As a lawyer, she mostly worked on human rights litigation, pro bono 

禄 Has worked with the famed Priscilla Jana 

禄 She is widely published in law journals and has contributed chapters to books 

禄 Was a full-time commissioner of the South 第一吃瓜网 Law Reform Commission 

禄 Has completed parts of an LLM 

禄 Public Protector Thuli Madonsela made findings in July last year that Bheki Cele鈥檚 involvement in deals to acquire police office space was 鈥渋mproper, unlawful and amounted to maladministration鈥. 

禄 In June 2012 Madonsela released her report on an investigation into alleged improper procurement of communication services by the department of the Western Cape premier, Helen Zille. The report directed Zille鈥檚 department to exclude special advisers from, and improve, supply chain management.

 禄Earlier this month, Madonsela released a report saying she was satisfied with the efforts by the city of Johannesburg to tackle its electricity billing problem.

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