Pahad+finger-wagging+is+abuse+of+power,+City+Press

City Press, Johannesburg, 09/12/2006 19:11 - (SA)
=Misguided finger-wagging smacks of abuse of power=

Minister in the presidency Essop Pahad is known for his toughness in debating ­issues.

In a vibrant democracy, different styles of debating, including occasional finger-wagging, are fine as long as they are within the bounds of what is permissible.

And what is permissible relates to what is constitutionally provided for in terms of the executive authority of ministers.

It also has to do with conduct that is politically acceptable and the exercise of state power in a sensitive manner.

It is on these two grounds that Pahad has wagged his finger misguidedly in his handling of the protracted matter of the presidency and himself versus Thoko Mkhwanazi-Xaluva.

Pahad has been instrumental in ensuring that Mkhwanazi-Xaluva does not return to her job as head of the office of the rights of the child in the presidency despite her winning two arbitration rulings.

What’s more, Pahad has now, in very few but loaded words, implied that by differing with him and the presidency, Mkhwanazi-Xaluva has broken her relationship with the state as a whole.

The state is a large entity – far larger than the individuals who run it, including Pahad. It includes many arms of government.

How on earth is it possible that if you have differences with one of the state entities or an individual who presides over it you are automatically branded the enemy of the rest?

Mkhwanazi-Xaluva was fired after an internal hearing following charges of misconduct, but she won an appeal at the Public Service Bargaining Council.

Without having complied with the first arbitration ruling, the presidency hired an advocate to head an inquiry on a new set of charges against her relating to statements she made to the media.

During the hearing, Pahad uttered statements to the effect that Mkhwanazi-Xaluva “will never work in the presidency as long as I am the minister”.

Her position that the charges were “trumped up” was upheld when she won the second appeal.

The latest ruling ordered that she be reinstated within a month or, if the presidency found this difficult, she should be transferred to another position in government within three months.

But Pahad would have none of this. He wants the Labour Court to overturn the ruling.

He argues that Mkhwanazi-Xaluva has broken the relationship of trust with the entire government and by implication she cannot be employed in government as a whole.

The fact that Pahad is a minister in the office occupied by the head of state does not mean that he has powers over all state organs. Even the president’s powers are limited.

Such conduct is unwarranted and smacks of abuse of power. It must stop.


 * From: http://www.news24.com/City_Press/Leaders/0,7515,186-189_2042773,00.html**

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