Thuli Madonsela
3rd Public Protector of South Africa
In office
19 October 2009 – 14 October 2016
Appointed byPresident Jacob Zuma
DeputyKevin Malunga[1]
Preceded byLawrence Mushwana
Succeeded byBusisiwe Mkhwebane
Personal details
Born
Thulisile Nomkhosi Madonsela

(1962-09-28) 28 September 1962
Johannesburg, Transvaal, Republic of South Africa
Political partyAfrican National Congress[2][3][4]
Children2[5][6]
Alma materUniversity of Swaziland
University of the Witwatersrand
Occupation

Thulisile Nomkhosi "Thuli" Madonsela (born 28 September 1962)[7][8] is a South African advocate and professor of law, holding a chair in social justice at Stellenbosch University since January 2018.[9] She served as the Public Protector of South Africa from 19 October 2009 to 14 October 2016. In 1996, she helped draft the final constitution of South Africa promulgated by then-President Nelson Mandela.[10]

Early life and education

Madonsela was born in Johannesburg in 1962, the daughter of informal traders Bafana and Nomasonto, and grew up in Soweto.[11][5] She attended Evelyn Baring High School in Nhlangano in Swaziland, from where her family originates.[12][13] She graduated with a BA in Law from the University of Swaziland in 1987, and an LLB from the University of the Witwatersrand in 1990.[7] In March 2015, Madonsela was awarded a Doctor of Laws degree, LL.D. (Honoris causa) from the University of Stellenbosch, followed by another Doctor of Laws degree, LL.D. (honoris causa) from the University of Cape Town in June 2015. She also has honorary doctorates from Rhodes University and the University of Fort Hare.[14]

Politics

Madonsela was, until 2007, an ordinary member of the Pretoria branch of the African National Congress (ANC).[2][3][4] During the apartheid era Madonsela served in the ANC and in the United Democratic Front anti-apartheid organisation.[15] She believes that holding political office would not be her "best contribution as a human being". In 1994 she declined the position of ANC MP in South Africa's first post-apartheid Parliament.[3][4][16] In January 2014 it was reported that several ANC branches in Gauteng had unsuccessfully nominated her as a candidate to represent the ANC in the National Assembly or one of the provincial legislatures in the 2014 general election. Her spokesperson said she was unaware of the nomination and would not have accepted it.[2]

Early career

Madonsela worked for trade unions and in both the public and private sectors from the 1980s.[7][11][17] She was a member of the team who drafted the final constitution of South Africa promulgated by then President Nelson Mandela in 1996.[5][11] After Mandela's death, Madonsela said in a tribute to him: "We will always admire him for gladly submitting his administration to the scrutiny of checks and balances such as the courts and institutions supporting democracy when its actions came into question."[18] Prior to her appointment as Public Protector, Madonsela served as a full-time member of the South African Law Reform Commission,[3][19] appointed to the position in 2007 by then President Thabo Mbeki.[17]

Public Protector

Madonsela was appointed Public Protector by President Jacob Zuma for a non-renewable seven-year term commencing 19 October 2009, with unanimous support from the multi-party National Assembly.[19][20][21] At the announcement of her appointment, Zuma said Madonsela "will need to ensure that this office continues to be accessible to ordinary citizens and undertakes its work without fear or favour".[19][22] Madonsela likens her role as Public Protector to the Venda chief's paternal aunt known as the makhadzi, a non-political figure who "gives the people a voice while giving the traditional leader a conscience".[23][24][25]

In 2012, she investigated "kickbacks" received by Julius Malema in the context of traffic department contracts given to external contractor On-Point Engineering.[26]

"Secure in Comfort" report

As Public Protector, Madonsela investigated complaints regarding public spending on Zuma's private homestead in the KwaZulu-Natal town of Nkandla.[27] Her final report on security upgrades to Zuma's homestead titled Secure in Comfort was published on 19 March 2014. Madonsela found that Zuma had benefited unduly from the R246 million the state had spent on the upgrades.[28][29] Her report has been met with much criticism and opposition from representatives of the ANC ruling party. Shortly before her final report was made public, ANC secretary general Gwede Mantashe and cabinet minister Lindiwe Sisulu made public statements undermining Madonsela and her report, with Mantashe calling it a "political report".[3][30] After its publication, the African National Congress Youth League (ANCYL) called for Madonsela's resignation, and members of the ANCYL and the ANC-aligned Congress of South African Students (COSAS) made disparaging remarks about her. COSAS, which had been admonished by female cabinet minister Nosiviwe Mapisa-Nqakula for a "sexist" remark, subsequently retracted "a personal address to comrade Madonsela".[31][32][33] ANC chief whip Stone Sizani said "we strongly believe that she has overstepped the mark" by making some "disparaging remarks" with "political overtones".[3][34] A group of lawyers from KwaZulu-Natal started a public campaign to discredit her report, and she was accused of having a political agenda by cabinet minister Fikile Mbalula.[24][35] On 4 July 2014, ANC MPs in the justice portfolio committee objected to Madonsela's "views that are political in nature" and committee chairperson Mathole Motshekga suggested that the powers of the Public Protector, which are governed by the country's constitution, be reviewed.[36][37]

Zuma made a submission to Parliament on 14 August 2014 regarding Madonsela's report on Nkandla.[38] Madonsela wrote a letter to Zuma dated 21 August 2014, stating that his submission to Parliament was not an adequate response to her report and requesting a response to her letter by 4 September 2014.[39][40][41] During a media briefing on 26 August 2014, Gwede Mantashe criticised her handling of the matter, saying the ANC want her to "behave correctly" and "not abuse" her term of office, while his deputy Jessie Duarte expressed concerns about Madonsela being "populist in her orientation".[42][43] Madonsela subsequently held a press conference on 28 August 2014, in which she defended her actions and requested those ANC members interfering with her duties to stop doing so.[15] The same day, civil rights organisation AfriForum laid criminal charges against Mantashe and Duarte for contravening the Public Protector Act by insulting the Public Protector.[44] The general secretary of ANC Tripartite Alliance partner COSATU Zwelinzima Vavi and general secretary of its largest affiliate NUMSA Irvin Jim subsequently defended Madonsela and criticised the ANC's response.[45][46][47] Madonsela later elaborated to the media that her letter to Zuma complements the parallel parliamentary process, "because finally they would have the president's comments on my report. But now they only have the president's own initiative, which is a general statement on his observations on what happened there, but he's not saying whether he agrees or disagrees with me. He is not saying what he is going to do to fix his branch of government."[4] On 6 September 2014, deputy Minister of Defence and Military Veterans Kebby Maphatsoe publicly accused Madonsela of "acting like a counter-revolutionary" and working for the CIA. Madonsela said she would charge Maphatsoe with contempt if he does not retract his accusations.[48][49] The ANC distanced itself from Maphatsoe's statements and he publicly withdrew them on 9 September 2014.[50] In a written response sent to Madonsela on 11 September 2014, Zuma disagreed with her understanding of her authority in the matter.[51]

Opposition parties Economic Freedom Fighters and Democratic Alliance approached the Constitutional Court to enforce Madonsela's findings after they were ignored by Zuma and dismissed in Parliament.[52][53] On 31 March 2016, the Constitutional Court delivered a unanimous judgement stating that the Public Protector's report was binding and Zuma and the National Assembly failed to uphold the country's constitution. The court ordered the National Treasury to determine the amount that Zuma must pay back, and ordered Zuma to do so within 45 days of the court's approval of the National Treasury report.[54]

"State of Capture" report

Madonsela's final report, "State of Capture", was released as her 7-year term of office came to an end in October 2016. Her report was a result of the complaint submitted by a Catholic priest, called Father Stanslaus Muyebe.[55] The report used Wikipedia, News24, Mail & Guardian and opposition part as her sources state capture including the Gupta family's improper influence over President Jacob Zuma. Madonsela directed the President to appoint a judicial commission of inquiry, headed by a judge named by the Chief Justice.[56] Zuma called the report "political propaganda"[57] and challenged it in court, but the High Court dismissed the challenge in December 2017, finding that Zuma must implement the remedial actions within 30 days, and making a personal costs order against Zuma.[58]

Other activities

In 2023, Madonsela was appointed by United Nations Secretary General António Guterres to the United Nations' Scientific Advisory Board.[59]

Personal life

Madonsela raised her two children, a boy Musawabantu Fidel and a girl, Wenzile Una as a single parent. Her husband died when the children were very young. In 1980, Madonsela began her career as an assistant teacher at her former school, Evelyn Baring High School, in Swaziland. In 1982 she became an assistant teacher at Naledi High School in Soweto, one of the schools at the center of the 1976 Soweto Uprising.[60][61] In late July 2018, it was revealed that Madonsela was engaged to Dick Foxton, a public relations consultant.[62]

Controversy

In 2017 it was revealed that Foxton's consulting company, Foxton Communications, had previously been contracted by SABC CEO Hlaudi Motsoeneng "to be the spokesperson and publicist of the Group CEO despite the fact that the SABC had its own internal spokesperson. The company was paid a R350 000.00 per month retainer plus additional fees".[63] Motsoeneng was identified in the State Capture Inquiry as one of the individuals improperly appointed by President Jacob Zuma as part of 'state capture'. In response to a parliamentary question in 2018, the Minister of Communications confirmed that the Special Investigating Unit had initiated court proceedings against a number of companies including Foxton Communications.[64]

Awards

Publications

  • Madonsela, Thuli (1995). "Beyond Putting Women on the Agenda". Agenda. 11 (24): 27–38. doi:10.2307/4065890. JSTOR 4065890.
  • Madonsela, Thuli (1995). "A fair deal for the woman worker?". In Liebenberg, Sandra (ed.). The Constitution of South Africa from a gender perspective. Cape Town: Community Law Centre at the University of the Western Cape in association with David Philip. ISBN 9780620196567.
  • Maluleke, Mikateko Joyce; Madonsela, Thuli (2004). Women and the law in South Africa: Gender equality jurisprudence in landmark court decisions (PDF). Department of Justice and Constitutional Development.
  • Madonsela, Thuli (September 2012). "Corruption" (PDF). Quarterly Roundtable (24): 8–13. Archived from the original (PDF) on 4 September 2014. Retrieved 4 September 2014.
  • Madonsela, Thuli (19 March 2014). Secure in Comfort (PDF). Public Protector South Africa. ISBN 9781920692155. Archived from the original (PDF) on 4 January 2015.

References

  1. ↑ "Address by the Deputy Minister for Justice & Constitutional Development, Mr Andries Nel, MP on the occasion of the Introduction of the Deputy Public Protector Adv K Malunga to Stakeholders held at Woodhill Country Club on 13 December 2012". Department of Justice. Archived from the original on 3 October 2018. Retrieved 30 August 2014. Advocate Kevin Sifiso Malunga was appointed by President Jacob Zuma as Deputy Public Protector on 10 December 2012 for a seven year term.
  2. 1 2 3 Molatlhwa, Olebogeng; Mabuza, Kingdom (28 January 2014). "JZ gets a Thuli slap". The Times. Archived from the original on 5 April 2014. Retrieved 30 August 2014.
  3. 1 2 3 4 5 6 Cohen, Mike (22 April 2014). "Graft Ombudsman Madonsela Rattles South Africa's Ruling ANC (2)". Bloomberg Businessweek. Archived from the original on 7 July 2014. Retrieved 28 August 2014.
  4. 1 2 3 4 "What's next for Thuli Madonsela?". City Press. 31 August 2014. Archived from for-the protector the original on 2 September 2014. Retrieved 1 September 2014.
  5. 1 2 3 "The law is where I belong". City Press. 9 July 2011. Archived from the original on 28 August 2014. Retrieved 28 August 2014.
  6. ↑ "2012 and still we ask: Can women have it all?". City Press. 4 August 2012. Archived from the original on 4 March 2013. Retrieved 28 August 2014.
  7. 1 2 3 "Resume of Thuli Madonsela". ANC. Archived from the original on 3 September 2014. Retrieved 28 August 2014.
  8. ↑ Grootes, Stephen (2013). S.A. Politics: Unspun. Kenilworth: Burnet Media. ISBN 9780987043764. Retrieved 27 August 2014.
  9. ↑ "Advocate Thuli Madonsela to take up chair in social justice in SU Law Faculty". www0.sun.ac.za. Retrieved 26 June 2018.
  10. ↑ "Profile of Advocate Thulisile (Thuli) Madonsela: Public Protector-SA" (PDF). Public Protector South Africa. Archived from the original (PDF) on 17 October 2016. Retrieved 20 January 2017.
  11. 1 2 3 4 Hlongwane, Sipho; Nicolson, Greg (5 December 2011). "Thuli Madonsela, 2011 South African Person of the Year". Daily Maverick. Archived from the original on 21 September 2014. Retrieved 28 August 2014.
  12. ↑ Madonsela, Thuli (2012). Page, Samantha (ed.). From Me to Me. Auckland Park, South Africa: Jacana. pp. 46–47. ISBN 9781431404223. Retrieved 28 August 2014.
  13. ↑ Nkambule, Mfanukhona (27 October 2013). "Thuli Madonsela at Mbabane Wedding!". Times of Swaziland. Archived from the original on 4 September 2014. Retrieved 30 August 2014.
  14. ↑ "Public Protector Thuli Madonsela receives fourth honorary Doctor of Laws degree, 11 Jun | South African Government". www.gov.za.
  15. 1 2 Mbanjwa, Xolani (28 August 2014). "Stop the Nkandla mudslinging, Thuli Madonsela tells ANC". City Press. Archived from the original on 31 August 2014. Retrieved 30 August 2014.
  16. ↑ Munusamy, Ranjeni (26 September 2013). "Interview: Thuli Madonsela – game changer, giant slayer". Daily Maverick. Archived from the original on 3 August 2014. Retrieved 31 August 2014.
  17. 1 2 Sole, Sam; McKune, Craig (8 July 2011). "Madonsela vs the world". Mail & Guardian. Archived from the original on 3 September 2014. Retrieved 30 August 2014.
  18. ↑ "Madonsela calls Madiba a 'gift to humanity'". Mail & Guardian. 6 December 2013. Archived from the original on 4 September 2014. Retrieved 4 September 2014.
  19. 1 2 3 Bathembu, Chris (19 October 2009). "Zuma appoints new Public Protector". SouthAfrica.info. Archived from the original on 28 March 2014. Retrieved 28 August 2014.
  20. ↑ Mbanjwa, Xolani (23 October 2009). "I will not be intimidated – Madonsela". IOL. Archived from the original on 3 September 2014. Retrieved 28 August 2014.
  21. ↑ Vecchiatto, Paul (19 March 2014). "Nkandla report overshadows public protector's other work". Business Day. Archived from the original on 3 September 2014. Retrieved 28 August 2014.
  22. ↑ Maphumulo, Solly (31 August 2014). "Thuli fears for her safety". Sunday Independent. Archived from the original on 2 September 2014. Retrieved 3 September 2014.
  23. ↑ Madonsela, Thuli (4 June 2011). "Way of the makhadzi". City Press. Archived from the original on 3 March 2016. Retrieved 2 September 2014.
  24. 1 2 3 Munusamy, Ranjeni (24 April 2014). "Thuli's Time: SA's protector, sentinel, Makhadzi gets global recognition". Daily Maverick. Archived from the original on 4 August 2014. Retrieved 25 April 2014.
  25. ↑ Buijs, Gina (2007). "'Ritual Sisters' or Female Rulers? Gender and Chiefship Revisited in Southern Africa". In Bryceson, Deborah Fahy; Okely, Judith; Webber, Jonathan (eds.). Identity and Networks: Fashioning Gender and Ethnicity Across Cultures. New York, N.Y: Berghahn Books. pp. 164–178. ISBN 9781845451615. Retrieved 3 September 2014.
  26. ↑ de Wet, Phillip. "Madonsela report puts Malema's freedom and assets in jeopardy". The M&G Online. Retrieved 25 January 2018.
  27. ↑ Marrian, Natasha (4 April 2014). "Truth is Nkandla probe was long time in the making". Business Day. Archived from the original on 7 July 2014. Retrieved 30 August 2014.
  28. ↑ Madonsela, Thuli (19 March 2014). Secure in Comfort (PDF). Public Protector South Africa. ISBN 9781920692155. Archived from the original (PDF) on 17 October 2014. Retrieved 30 August 2014.
  29. ↑ Evans, Sarah (19 March 2014). "Nkandla report: Zuma unduly benefited from upgrades". Mail & Guardian. Archived from the original on 21 March 2014. Retrieved 1 May 2014.
  30. ↑ Pillay, Verashni (18 March 2014). "Nkandla report: It's the ANC vs Thuli Madonsela". Mail & Guardian. Archived from the original on 31 July 2014. Retrieved 30 August 2014.
  31. ↑ Marrian, Natasha (24 March 2014). "ANC 'distances itself' from youth league's disparaging comments". Business Day. Archived from the original on 16 July 2014. Retrieved 30 August 2014.
  32. ↑ du Plessis, Carien (24 March 2014). "Minister: Don't criticise Thuli Madonsela's looks". City Press. Archived from the original on 27 March 2014. Retrieved 4 September 2014.
  33. ↑ "Cosas retracts Madonsela nose comment". News24. SAPA. 25 March 2014. Archived from the original on 3 September 2014. Retrieved 30 August 2014.
  34. ↑ Makinana, Andisiwe (26 March 2014). "Madonsela has not sent Nkandla report to Parliament". Mail & Guardian. Archived from the original on 4 September 2014. Retrieved 3 September 2014.
  35. ↑ sama Yende, Sizwe (6 April 2014). "Madonsela's report not 'alpha and omega' – Fikile Mbalula". City Press. Archived from the original on 31 August 2014. Retrieved 28 August 2014.
  36. ↑ "ANC calls for review of Madonsela's 'powers'". News24. SAPA. 4 July 2014. Archived from the original on 8 July 2014. Retrieved 30 August 2014.
  37. ↑ de Vos, Pierre (9 July 2014). "Wishful thinking: If the public protector were helped to do her job". Daily Maverick. Archived from the original on 18 August 2014. Retrieved 30 August 2014.
  38. ↑ du Plessis, Carien (14 August 2014). "Nkandla: Jacob Zuma's 5-point response to Parliament". City Press. Archived from the original on 16 August 2014. Retrieved 1 September 2014.
  39. ↑ Kgosana, Caiphus (24 August 2014). "Nkandla: Thuli Madonsela's tough letter to Jacob Zuma". City Press. Archived from the original on 26 August 2014. Retrieved 30 August 2014.
  40. ↑ Ndenze, Babalo (25 August 2014). "Thuli's letter: ANC leaps to Zuma's defence". IOL. Archived from the original on 26 August 2014. Retrieved 30 August 2014.
  41. ↑ Stone, Setumo (29 August 2014). "Madonsela in appeal to 'obey the rules'". Business Day. Archived from the original on 29 August 2014. Retrieved 30 August 2014.
  42. ↑ Ndenze, Babalo; Seale, Lebogang (27 August 2014). "ANC, Thuli go head to head". IOL. SAPA. Archived from the original on 27 August 2014. Retrieved 29 August 2014.
  43. ↑ "Duarte questions leaks from 'populist' Madonsela's office". Mail & Guardian. SAPA. 26 August 2014. Archived from the original on 29 August 2014. Retrieved 30 August 2014.
  44. ↑ "AfriForum opens case against ANC". News24. SAPA. 28 August 2014. Archived from the original on 31 August 2014. Retrieved 31 August 2014.
  45. ↑ "Thuli Madonsela did her job very well – Numsa". City Press. SAPA. 29 August 2014. Archived from the original on 31 August 2014. Retrieved 31 August 2014.
  46. ↑ Shoba, Sibongakonke; Mokone, Thabo; Joubert, Jan-Jan (31 August 2014). "It's payback time, Vavi tells Zuma". Sunday Times. Archived from the original on 1 September 2014. Retrieved 31 August 2014.
  47. ↑ "Vavi calls for action from Zuma". IOL. SAPA. 31 August 2014. Archived from the original on 3 September 2014. Retrieved 31 August 2014.
  48. ↑ Ndaba, Baldwin (8 September 2014). "Thuli a CIA spy, says deputy minister". The Star. Archived from the original on 8 September 2014. Retrieved 8 September 2014.
  49. ↑ de Wet, Phillip (8 September 2014). "Madonsela-CIA accusation sparks diplomatic row". Mail & Guardian. Archived from the original on 8 September 2014. Retrieved 8 September 2014.
  50. ↑ Vecchiatto, Paul (10 September 2014). "Maphatsoe apologises over public protector spy claim". Business Day. Archived from the original on 10 September 2014. Retrieved 10 September 2014.
  51. ↑ Marrian, Natasha (12 September 2014). "Zuma questions Madonsela's power". Business Day. Archived from the original on 13 September 2014. Retrieved 14 September 2014.
  52. ↑ Rabkin, Franny (15 September 2015). "DA joins EFF in Nkandla court case". Business Day. Retrieved 1 April 2016.
  53. ↑ Amogelang Mbatha, Michael Cohen (3 February 2016). "Zuma Blinks Again: Home-Cost Concession Signals Waning Power". Bloomberg.com. Retrieved 31 March 2016.
  54. ↑ Thamm, Marianne (31 March 2016). "Nkandla ConCourt ruling: President Zuma and National Assembly in breach of Constitution". Daily Maverick. Retrieved 31 March 2016.
  55. ↑ Collison, Carl (20 October 2016). "Friars fall out over public protector". The M&G Online. Retrieved 5 May 2019.
  56. ↑ "Download the full State Capture Report". News24. 2 November 2016. Archived from the original on 19 March 2020. Retrieved 30 November 2017.
  57. ↑ "State capture report a 'political tool' – Zuma". News24. Archived from the original on 9 October 2019. Retrieved 30 November 2017.
  58. ↑ Tandwa, Lizeka (13 December 2017). "Scathing judgment finds Madonsela's actions against Zuma 'wise, necessary, rational, appropriate'". News24. Archived from the original on 27 July 2019. Retrieved 13 December 2017.
  59. ↑ UN Secretary-General Creates Scientific Advisory Board for Independent Advice on Breakthroughs in Science and Technology United Nations, press release of 3 August 2023.
  60. ↑ "2012 and still we ask: Can women have it all? | City PressCity Press". 4 March 2013. Archived from the original on 4 March 2013. Retrieved 21 November 2017.
  61. ↑ "Thuli Madonsela | Incwajana". Archived from the original on 8 March 2016. Retrieved 17 February 2016.
  62. ↑ Mpho Sibanyoni (27 July 2018). "Meet the protector of Thuli Madonsela's heart". The Sowetan. Retrieved 27 July 2018.
  63. ↑ Parliament of South Africa (27 January 2017). "Interim report of the ad hoc committee on the SABC board inquiry into the fitness of the SABC board" (PDF). Parliament of South Africa. Archived (PDF) from the original on 28 November 2021. Retrieved 15 April 2023.
  64. ↑ "Question NW471 to the Minister of Communications, Telecommunications and Postal Services". PMG. 18 April 2019. Archived from the original on 25 October 2020. Retrieved 15 April 2023.
  65. ↑ Sanusi, Lamido (23 April 2014). "TIME 100 LEADERS – Thuli Madonsela – South Africa's fearless public advocate". Time. Archived from the original on 4 August 2014. Retrieved 25 April 2014.
  66. ↑ Ndlovu, Nandi (27 August 2014). "Glamour Women of the Year awards". The Star. Archived from the original on 30 August 2014. Retrieved 28 August 2014.
  67. ↑ "ANN7 South African of the Year 2014 Award". ANN7. Archived from the original on 7 September 2014. Retrieved 7 September 2014.
  68. ↑ "Madonsela takes South African of the Year award". SABC News. 8 September 2014. Archived from the original on 8 September 2014. Retrieved 8 September 2014.
  69. ↑ "Madonsela wins global award for integrity". Mail & Guardian. SAPA. 17 October 2014. Archived from the original on 17 October 2014. Retrieved 17 October 2014.
  70. ↑ "Public Protector Thuli Madonsela receives fourth honorary Doctor of Laws degree, 11 Jun | South African Government". www.gov.za. Retrieved 15 December 2015.
  71. ↑ "Thuli Madonsela receives FW de Klerk Goodwill Award 2016". www.politicsweb.co.za Retrieved 10 February 2016.
  72. ↑ "BBC 100 Women 2016". BBC. 21 November 2016. Retrieved 26 November 2016.
  73. ↑ "Thuli Madonsela accepts German Africa prize in Berlin".
  74. ↑ "Germany gives Thuli Madonsela its national merit award". The Citizen. Retrieved 21 November 2018.
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