There are only two cases that Public Protector Busisiwe Mkhwebane concluded that were overturned by the courts, and as she has appealed both rulings, it is too early to pass judgment, says her acting spokesperson, Oupa Segalwe. He points out that Vuyani Ngalwana SC – in a piece headlined ‘A Tale of Two Public Protectors: Separating Fact from Fiction’ – observed that Mkhwebane ‘has virtually been burnt at the stake … even by people who have not bothered to read her reports, relying instead on media reports or commentary as their only source of information for the contents of the Public Protector’s reports’. In an examination of the work undertaken by Mkhwebane on the City Press site, Segalwe notes that her office comprises an army of experienced investigators. ‘These are functionaries that have the legal and investigative expertise necessary to investigate and address complaints.’ He says in trying to isolate Mkhwebane from her office, critics unwittingly insult the intelligence and professionalism of the men and women in the institution. Segalwe outlines a number of ‘facts’:

* Since her appointment in October 2016, Mkhwebane has dealt with about 50 000 complaints, 34 271 of which have been concluded.

* Mkhwebane has issued 102 investigation reports. Only 30 of those have, to date, been the subject of court challenges.

* More than 70 of her reports remain unchallenged. She successfully defended two and lost two, while the rest are pending.

* The Public Protector’s office has initiated very few investigations without complaints. Where executive ethics are concerned, she is obligated to investigate on receipt of a complaint.

Segalwe says Mkhwebane has investigated a whole range of individuals across the political spectrum. These include political figures such as former Tshwane Mayor Solly Msimanga, former Western Cape Premier Helen Zille, and former Ministers Lynne Brown, Des van Rooyen and Malusi Gigaba. ‘The suggestion that she is partisan,’ he says, ‘is thus without substance’.