Acting Public Protector Kholeka Gcaleka named as replacement for Busisiwe Mkhwebane

It came down to three final candidates: the acting incumbent, Deputy Public Protector Kholeka Gcaleka, Office of the Chief Justice coordinator Tseliso Thipanyane and Pension Fund Administrator Muvhango Lukhaimane.

Then Thipanyane was out (“I found the candidate wholly unsuitable,” said DA MP Glynnis Breytenbach) and it was down to the two candidates whom the political grapevine had as front-runners all along.

Then Lukhaimane was out, largely over her stint as HR manager at the State Security Agency at the time of the parallel intelligence structure, the Principal Agent Network (PAN) programme.

It was the same verdict – “wholly unsuitable” – that meant the DA would not support Gcaleka. 

Tuesday’s deliberations were held in public after ad hoc committee chairperson Cyril Xaba appealed to all to be measured in their robustness:

“I know we can be robust but we can be measured at the same time. We can exercise maximum restraint.”

But it was all quite polite, and a bit dreary, as in round one of deliberations five candidates were eliminated for a variety of reasons, from lack of knowledge of public law, administrative law and mediation, dealing with the Office of Public Protector's challenges regarding finances and access, and interview conduct from being excitable to being just too generic in responses. 

That the EFF supported Lukhaimane’s elimination was a turnabout since the weekend media briefing by leader Julius Malema who outlined his party’s dissatisfaction with the Public Protector shortlisted candidates. In Parliament the EFF had only named Lukhaimane to the shortlist.

See Gcaleka's CV here:

The DA is understood not to support any of the eight candidates thought to fall short. At the shortlisting from the 36 nominees to the eight to be interviewed, the DA declined to put forward any name and reserved its rights.

And that became clear on Tuesday – “wholly unsuitable” was the verdict from the DA to all eight candidates.

Freedom Front Plus MP Wouter Wessels did not support Gcaleka’s nomination either: “I am not convinced the current acting PP can restore that confidence.”

The ANC supported Gceleka as the best candidate. Or as ANC MP Manketsi Tlhape put it: “Advocate Gcaleka meets all the requirements for the position and has demonstrated clear understanding of the mandate.”

That the IFP supported the current acting public protector with the ANC means the numbers in the House may just stack up. At least 60% of the National Assembly must support the incoming public protector, that’s 240 votes of 400, according to section 193 of the Constitution. 

While the ANC holds 230 seats, the attendance of all its MPs can’t be guaranteed over what’s generally called “being busy with government work” of ministers and their deputies. But with the IFP’s 14 seats it’ll be easier for the ANC to get its choice – it also depends on the votes of two- and one-seat parties like GOOD, National Freedom Party, African Independent Congress (AIC) and Al Jama-ah.

It’s a numbers game that’ll detract from the standing and merit of the Office of the Public Protector. All interviewed candidates last week agreed the constitutionally established Chapter 9 institution had been tarnished over the past few years by the conduct of the now suspended Busisiwe Mkhwebane, who shortly faces the House voting on her impeachment for misconduct and incompetence. DM