South Africa Public Protector cracks amid Phala Pala scandal

The office of South Africa's Public Protector South Africa has issued a stern warning against insults and attacks directed at the institution, cautioning that individuals found guilty of such conduct could face fines of up to R40,000 or imprisonment of up to 12 months.

In a strongly worded statement released this week, the office said insulting the Public Protector constitutes a criminal offence under existing legislation.

"Any person convicted of this offence may be liable, in terms of section 11 of the Act, to a fine not exceeding R40,000 or to imprisonment for a period not exceeding 12 months, or to both such fine and imprisonment," the statement said.

The warning comes amid renewed public debate following the recent Constitutional Court of South Africa ruling concerning Parliament's handling of the Phala Phala panel report linked to President Cyril Ramaphosa.

In 2023, Public Protector Kholeka Gcaleka cleared Ramaphosa over allegations relating to the Phala Phala matter, including claims of money laundering and kidnapping.

Her report concluded that the president had not violated the Executive Ethics Code, although the issue continued to attract political and legal scrutiny.

The Public Protector's office stressed that the Constitutional Court judgment had no legal effect on Gcaleka's findings.

"The Constitutional Court judgment has no bearing on the Public Protector's Report No.12 of 2023/2024, which is an investigation into allegations of violations of the Executive Ethics Code Against the President," the office said.

It further noted that the court neither reviewed nor overturned the Public Protector's report, and did not make findings on the matters investigated by the institution.

The office also addressed freedom of expression concerns, arguing that constitutional rights are subject to legal limitations.

"The right to freedom of expression, guaranteed under section 16 of the Constitution, is not unlimited. It is subject to lawful limitations and does not extend to conduct that constitutes a statutory criminal offence," the statement added.

The remarks come as political tensions continue to rise following the Constitutional Court's decision to revive the impeachment process linked to the Phala Phala controversy, placing renewed pressure on Ramaphosa and the governing African National Congress.