South Africa: Judge Unimpressed By Claim of DA 'Vendetta' Against Public Protector


The Sobukwe Clause and vendettas. Public Protector Busisiwe Mkhwebane's advocate Dali Mpofu got a judicial tongue-lashing for comparing democratic South Africa's Parliament with the apartheid government.

On 3 May 1963, the apartheid Parliament passed the General Law Amendment Act to annually extend Pan Africanist Congress (PAC) leader Robert Sobukwe's solitary confinement on Robben Island until May 1969, when he was banished to Galeshewe, Kimberley. It's known as the Sobukwe Clause because it was only ever used against the founding PAC leader.

But when Public Protector Busisiwe Mkhwebane's advocate, Dali Mpofu, on Wednesday argued the parliamentary rules on removing office-bearers of the constitutionally established Chapter 9 institutions to support democracy were like the Sobukwe Clause - Mpofu claimed they were aimed specifically at the public protector - he was stopped in his tracks.

"It's bizarre that in this constitutional democracy you would argue Parliament would institute a Sobukwe Clause," said Judge Vincent Saldanha.

"The analogy you make is that Parliament acted like the apartheid government... How can you make the analogy that this Parliament would make rules like the apartheid government parliament did?"

Mpofu eventually argued his comments were related to the DA.

"I'm coming to Parliament later......

More From: Daily Maverick

Don't Miss

AllAfrica publishes around 900 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.