Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
Despite my fear of being thought a reactionary racist, I cannot but help wonder why people invoke the spirit of ubuntu to stop us talking about the MInister’s health, but no one invoked this spirit when the Minister gave advice to poor HIV positive people that inevitably led to their deaths.
Once again, this seems like a selective use of “culture” to stop us asking awkward questions. Questions such as: how many people have died because of the utterances of the Minister of Health? To what degree are we all complicit in these deaths for not speaking out, for not protesting at every meeting, for not dousing our Minister in fake blood, for not making a citizens arrest?
It might upset some people that we talk about the Minister’s health while she is sick, but perhaps it is slightly more upsetting that thousands of mostly poor South Africans have died needlesly because of her.