Public Protector Busisiwe Mkhwebane’s report into Premier Helen Zille’s colonialism tweets has been thrown out by the DA in the provincial legislature. Picture: Cindy Waxa/African News Agency/ANA.
Cape Town - Public Protector Busisiwe Mkhwebane’s report into Premier Helen Zille’s colonialism tweets has been thrown out by the DA in the provincial legislature as it is not in its jurisdiction.

Added to that, DA chief whip Mark Wiley said Zille would in any case take the report on judicial review.

He was speaking at a press briefing where he outlined several issues the legislature had dealt with over the last six months.

Wiley dismissed Mkhwebane’s report on the basis that she “failed and misunderstood” the law.

“Regarding Public Protector Busisiwe Mkhwebane’s report on Premier Helen Zille’s tweet, the recommendations made are not only outside of the public protector’s mandate but demonstrate a worrying lack of legal knowledge by her office.

“The functions of the Western Cape provincial parliament do not include those mentioned in the report’s recommendations. The premier has since taken the report on judicial review,” Wiley said.

Mkhwebane found Zille guilty of racism after she tweeted last year: “For those claiming the legacy of colonialism was only negative, think of our independent judiciary, transport infrastructure, piped water, etc.”

The public protector said legislature Speaker Sharna Fernandez should table her report on Zille before the legislature so that action could be taken.

But ANC opposition leader Khaya Magaxa said the DA had no respect for the law.

“For them to not recognise the public protector’s report is very unfortunate. The law is very clear on this and the DA fails to accept this because this report does not toe their line,” he said.

Wiley, however, said several bills had been handed to the legislature that are either being sent back to the National Council of Provinces or being processed.

Among the bills that are in process are the Traditional and Khoisan Leadership Bill, the Administrative Adjudication of Road Traffic Offences Bill, the Western Cape Road Traffic Administration Amendment Bill and the Western Cape School Education Amendment Bill.

The issue of the resignation of the registrar for members' interests, advocate Shawn Willemse, was also addressed.

Wiley said: “From the outset of his term, the ANC publicly questioned the integrity of the registrar and abused their role on the conduct committee, filibustering on any trivial matter.”

A new registrar will be appointed and the process has already started.

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Cape Argus