Madonsela must not buckle under criticism from 'hooligans'

PUBLIC protector Thuli Madonsela has succumbed to political pressure. Not that she is about to remove the hook from the proverbial stinking head of the fish. She's too smart to do that.

But it is her bragging, for lack of a better word, about her Struggle credentials that is discomforting.

It gives an impression she has buckled under the weight of the hot air spewed by a few loudmouths.

In the political heat of past weeks, Madonsela made remarks that unsettled her trademark composure. "I'm not fazed by these people [hooligans who masquerade as political party spokesmanship]," she said.

She was responding to the barrage of attacks directed at her after she politely asked President Jacob Zuma to do what he swore to do when he was inaugurated: uphold the constitution and respect the public protector's office.

Madonsela went a bit off-side when she added: "When there were no benefits of being in the Struggle they were not there."

She spoke about her involvement in the trenches. In so doing Madonsela elevated political credentials above constitutional authority.

Twenty years into our democracy, political credentials are pointless. More so if they are used as licence to loot.

The struggle for freedom has brought us to where we are: a constitutional democratic country.

The position Madonsela occupies requires no Struggle credentials. Nor does it require of her to belong to any political party.

She must ignore them. All she needs is her competency as a lawyer and her unshaken belief in the values of the constitution.

She does not have to justify her background or upbringing - unless it has a material bearing on her work as public protector.

The constitution requires her to be impartial. Her past record as an ANC activist is important only in so far as she must publicly state that it does not, in any way, influence her decisions. It ends there.

This is not to suggest that she should disown her background. But such credentials are better invoked by those who depend on them to survive. What if she hadn't participated in the Struggle? Would her actions against those who abused public resources make her less legitimate?

By making a statement about her Struggle credentials, Madonsela fell for the trap of the hooligans whose actions she has denounced. These hooligans are the real counter-revolutionaries because their actions run counter to the ideals of the constitution.

Their post-1994 struggle is about undoing the constitutional edifice for which many died during the struggle for freedom.

The constitution requires Madonsela to do her work without fear or favour. Her office derives its legitimacy from the constitution, and not from the governing party or the opposition.

She has proven she is worth the title of public protector and that her loyalty to the constitution is unquestionable. There should be no credentials more important than that.

Instead of mentioning her past political credentials, Madonsela should continue lecturing South Africans, particularly politicians, on the workings of our constitution and the importance of the office of the public protector.

She might sound like a broken record. But if that is the kind of irritation some in our society need to appreciate the importance of safeguarding constitutional democracy, then so be it.

The compliance with rule of law is not a nice thing for those who prefer the rule of man or personality cults.

Those who say Madonsela focuses on high-profile cases have chosen to forget that it is the high-profile people who have the political power to steal from the poor and refuse to pay back when independent state institutions ask them to.

Ordinary members of the public must be protected against the excesses of such people. Her office is not called "public protector" for nothing.