South Africa

Politics, South Africa

Public Protector stakes: And then there were Five – will ANC favourite Judge Siraj Desai storm to a win?

Public Protector stakes: And then there were Five – will ANC favourite Judge Siraj Desai storm to a win?

A professor, two judges and two advocates with links to state security. That’s the new shortlist from which the next Public Protector will be selected next week. Thursday’s meeting of MPs in charge of this process had its jovial moments with quips of “This candidate must fall”. But it seemed political parties decided it was not yet the time to fight. That will happen at the next, and final, meeting – and Judge Siraj Desai is set to be the target of the political crossfire. By MARIANNE MERTEN.

They fell one by one, in quick succession, with barely any discussion. Within the hour the 14 candidates interviewed last week in a marathon 19-hour session were whittled down to five. Gone were Deputy Public Protector Kevin Malunga, Deputy National Director of Public Prosecutions Willie Hofmeyr, several advocates, one professor and Kaajal Ramjathan-Keogh, the head of the Southern Africa Litigation Centre (SALC).

The only real contestation hinting at what is to come was linked to Judge Desai, who was defended by the ANC, but objected to across the opposition benches.

A temporary truce meant Desai nevertheless made the short shortlist. But it was a truce, not a concession.

It would be awkward for such an experienced judge to be out in this early round,” said National Freedom Party (NFP) MP Sibusiso Mncwabe, echoing similar sentiments from the IFP. Or as Economic Freedom Fighters chief whip Floyd Shivambu put it, after saying he was “a relatively experienced deal breaker” in reference to this week’s municipal deals: “We’ll attend to him (Desai) later.”

It’s a “let’s agree to fight another day” manoeuvre, postponing the political fight for a few days. Given Thursday’s posturing, unless there is a change of mind in the ANC ranks, it is likely to go down to a vote when MPs meet again next week. Given the ANC numbers, its choice will be carried.

But it’s a gamble for the ANC: it will have to have all but nine of its 249 MPs in the House to carry its choice against opposition parties’ objections, unless it can secure other votes. According to Section 193 of the Constitution, the nomination for Public Protector must have 60% of support in the House. That’s 240 of the 400 MPs. In 2009, Thuli Madonsela was unanimously agreed to as Public Protector.

On Thursday committee chairwoman Makhosi Khoza repeatedly called on parliamentarians to find consensus. But the discussions around Desai indicated widely differing views.

ANC MP Bongani Bongo led the charge to maintain that Desai qualified because he was a judge, had a human rights track record and was “seriously involved in the Struggle”.

The ANC had agreed to Judge Sharise Weiner going through because she was also a judge even though her five-year experience on the Bench paled in comparison to Desai’s. The DA quickly pointed out that in numbers of notable judgments, Weiner led with 71 over five years against Desai’s 32 over two decades.

Shivambu had raised deep concerns about Desai’s lack of financial knowledge – in the interviews the judge said he was “a socialist” and didn’t know about money – and the possibility that the office would fall foul in audits under him.

Let’s share the judge of South Africa by not stealing one of their own. Let’s leave him on the Bench.”

Earlier, DA MP Glynnis Breytenbach and her party colleague Phumzile van Damme raised concerns over Desai’s temperament and political bias.

He had a poor interview, lost his temper and was abusive to MPs,” said Breytenbach with Van Damme adding that the interviews showed he clearly did not have the right temperament.

But ANC MP Madipoane Mothapo insisted, “That isolated incident of losing his temper does not disqualify him.” And in the only reference to the 2004 rape complaint Desai faced in Mumbai, India, until it was withdrawn, ANC MP Patrick Maesela asserted that the judge had been provoked. “Here is a man who was rattled by questions that were adversarial and based on speculations and lies,” he said.

During last week’s interviews the DA had raised the rape complaint and Desai’s changing stance from denial to claiming consensual sex. Desai dismissed this.

It’s an absolute lie to suggest I changed my version… I never gave any version at all. I never expressed or gave any view as to what happened,” Desai said. “The press was trying to buy a statement from the police station. Eventually one statement emerged. I have never made that statement or signed that statement.”

But ultimately on Thursday the verdict was “Honourable Judge Desai stands”, as Khoza put it.

Alongside Desai, the four others still in the running to take over from Thuli Madonsela, who leaves office on 14 October, are:

Professor Bongani Majola, Judge Sharise Weiner, State Security Agency analyst Busisiwe Mkhwebane and Muvhango Lukhaimane, the Pension Funds Adjudicator since July 2013, who previously spent seven years within various positions in the SSA.

Intriguingly, Belville Sheriff Nonkosi Cetywayo fell off the list without a mutter from the ANC, which was said to favour her alongside Desai. Cetywayo previously worked as executive director in the Speaker’s office held by Baleka Mbete until 2008 and moved with Mbete to the deputy presidency. However, she did not interview well and it is understood that information emerged raising potentially tricky questions about her subsequent stint heading Parliament’s Office for Institutions Supporting Democracy.

This means the ANC now has no alternate preference but Desai, if its line of questioning is anything to go by.

But in the greater battle plan of parliamentary political manoeuvrings, Thursday’s committee meeting seemed to produce an outcome everyone could be satisfied with, for now. Breytenbach and African Christian Democratic Party (ACDP) MP Steve Swart indicated they were “reasonably happy” with the process. “There are some outstanding candidates to fill the shoes of Advocate Thuli Madonsela,” said Swart.

The Public Protector selection process has been closely watched, including by civil society organisations. Despite some concerns, including over last week’s non-stop 19 hours of interviews, there appears agreement that the process and its public involvement had been satisfactory.

Whoever is chosen is going to know their conduct, their personal and work conduct, and work ethic and fairness, is going to come under very, very close scrutiny,” said David Lewis, the executive director of Corruption Watch which has run an extensive public awareness and advocacy campaign on the next Public Protector. “I can promise you Corruption Watch will do that and the public will do that.” DM

Photo: Judge Siraj Desai (Photo: BDLive)

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