NEWS FLASH – PARLIAMENT
Acting Public Protector Kholeka Gcaleka named as replacement for Busisiwe Mkhwebane
Acting Public Protector Kholeka Gcaleka was named on Tuesday as the next Public Protector for a non-renewable term from mid-October 2023. But it was not unanimous – the DA, the EFF and the Freedom Front Plus did not back the governing ANC and IFP, which supported it.
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.
Busisiwe Mkhwebane briefs the media on Section 194 proceedings and the Constitutional Court judgement on her suspension on 18 July, 2023 in Pretoria. (Photo: Gallo Images/Frennie Shivambu)
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
Become an Insider
Interesting that she comes from the same small KZN town, Ixopo , as does the Chief Justice
and i come from the same small town that the serial killer does. what is your point? p.s. zondo is a great guy imo
I just want to know if Mkhwebane will get the 10 million.
Why, oh Why, is the cANCer so adept at own goals. Foresee another Mkhwebane era!!
Look, she’s done ‘OK'(?) so far so maybe let’s just give her a starting chance. AND WATCH EVER SINGLE MOVE SHE MAKES!!! (Sorry to shout).
No, on the contrary. She had one heavily laden political case, and blew it.
All legal commentators question her report. Some noticed an overwhelming and studious disinterest and curiosity toward nonsense submitted by the president.
We should be able to have a certain level of trust in the experience and depth of competence without having to watch her like a hawk!
Like Mkhwebane, Gceleka is just the present strongest ANC faction’s choice. For obvious reasons. We can’t afford another bad appointment.
I really hope the IFP can ignore their Zulu nationalistic tendencies and not vote for this mistake.
Let us remember that Glynis Breytenbach was the ONLY person who objected to Mkhwebane , who given her history , Breytenbach suspected her of being a spy. No -one listened to Breytenbach – a very experienced prosecutor. Breytenbach was right. There are many flags raised against Gceleka which Breytenbach has highlighted – but again no-one listens. This is such an important role in our Constitution. We need an INDEPENDENT PERSON ; like Thuli Madonsela. Instead we have another ANC appointment. Very disappointing given how many excellent advocates we have in S A >
I would have preferred as PP someone whose judgement was formed by a wider life experience than just a lawyer’s perspective. A mature person, say mid to late fifties, And not another narcissist like Phalatse or Mkhwebane.
It sounds like the DA was going to reject any candidate save a miraculous return by Thuli Madonsela? While it’s not included here, Andisiwe Makinana in Times Live quotes Glynnis Breytenbach’s vague reasoning for Gcaleka being “wholly unsuitable for the post” as having the “… burden of baggage that can’t be dealt with” and says she doesn’t “…think she answered questions entirely frankly … or demonstrated in her position as acting public protector that she has sufficient experience to take over the top job…”.
Unless the DA had a better candidate to put forward, I’m not sure why these vague reasons (especially the ‘sufficient experience’ excuse since nobody else would have even close the same experience in that particular role as Gcaleka since she at least has some in her acting PP role) would exclude her? From my armchair (and yes, I fully acknowledge I might not know something obvious that would exclude her) she clearly has the right qualifications, she apparently interviewed really well, and also expressed a clear vision for the office (according to the TL article) . She could be good. AM I missing something?
Looks like Pet Bug and Prue gave us the answers. Oh dear. Forget this country.
yea, typical DA, no solutions. another political swipe.
she is a good candidate, maybe not the best but who has the da put forward.
god dam, i wish there was an alternative to the DA nationally
Thusi Madondela set the bar for any subsequent candidate, all of whom are lightweights. What a triumph she was/is. Seriously, she would receive universal support if she ran for president.
Maybe the PP role should not be a person but a rotating three-person panel of seconded judges from constitutional court, Supreme Court, Auditor General, etc. (Rotate panel on major cases) There are good reasons why we don’t have a Constitutional Judge but a Constitutional Court.
Minor stuff like Mary’s complaint about her council refused a PAIA application can be dealt with administratively. Anything that involves DDG and above or PEP goes to the panel. Panel also vets and approves senior appointments of the office.
It seems we will have to put up with another “best of a lacklustre bunch” Public Protector…and another ANC lackey?
my gosh DA. when are you guys gonna learn to compromise.
tell you what, go ahead and pick a candidate that the eff would rubber stamp.
to the people calling for her head before she has started, take off your blinkers.