ANALYSIS
Irreconcilable differences in the House as numbers barely land the ANC/IFP choice for Public Protector
Advocate Kholeka Gcaleka scraped into office as South Africa’s next Public Protector with four more than the constitutionally required minimum of 240 votes. For many in the House, it would have been a job well done, even if the bruising debate and politicking exposed trench lines.
A DA walkout. An absent EFF, except for one MP, alongside several smaller parties like the United Democratic Movement and Cope. And several other opposition parties missing MPs.
The count of 244 votes for and 12 against is not just a telling reflection of the level of support for an incoming permanently appointed Public Protector – the acting incumbent Kholeka Gcaleka – but also a show of deeply embedded divisions and majoritarianism, South Africa’s particular take on democracy.
The governing ANC is not shy to use its numbers to get its way, even outside meetings of its National Executive Committee. This sometimes goes awry.
In June 2022, the ANC proceeded with its choice of anti-apartheid veteran and ex-Presidency director-general, Frank Chikane, as intelligence inspector-general – without the two-thirds support the Constitution required.
That vote bombed, and it was back to the drawing board. Ultimately, Imtiaz Fazel got the intelligence oversight job in September 2022.
And so, for Thursday’s vote for the new Public Protector, the ANC knew it had to muster every one of its 230 MPs. That’s why, for example, Minister in the Presidency Khumbudzo Ntshavheni had to make it to the parliamentary sitting in Cape Town by 2pm after delivering the Cabinet briefing at 9am in Pretoria.
All but a couple of ANC MPs assembled.
With the support of 13 of the 14 IFP MPs (one was absent due to ill health), and some of the two and one-seat parties – the numbers indicate not all who expressed support actually voted – Gcaleka got the nod.
The deputy Public Protector, who has been acting in the position since the suspension of Busisiwe Mkhwebane in June 2022, would now be referred to President Cyril Ramaphosa for official appointment.
But that’s not before deep-seated divisions once again emerged. The House has, for some time now, not been the multiparty institution for consideration of public issues and of peoples’ representatives – as the Constitution puts it – but rather a party-political, point-scoring platform.
Read more in Daily Maverick: Parliament endorses Kholeka Gcaleka as new Public Protector in unruly sitting marked by DA walkout, EFF’s absence
The power of power
Some of that is purely political theatre, like the Palestinian keffiyeh most ANC MPs sported on Thursday, and the moment of silence not only for an MP and a senior parliamentary official who died.
“We also note with deep sadness and pain the escalation of conflict in the Middle East and that civilians’ lives have been lost on both sides of the conflict… May we please rise to observe a moment of silence,” said National Assembly Speaker Nosiviwe Mapisa-Nqakula.
Some of it is more fundamental – how the power of power, and numbers, is exercised in politics.
Claims of bias against the ANC MP who is the Speaker are not new, as former incumbent Baleka Mbete will attest.
However, for DA leader John Steenhuisen to describe Mapisa-Nqakula as “a liar” and “dishonest” – also in relation to the controversial salary hike of Secretary to Parliament Xolile George – is unusual.
“You are an absolute disgrace… You are destroying Parliament,” said Steenhuisen, talking also of a motion of no confidence.
“You absolutely do not belong on this chair. You are dishonest and you are a liar.”
Strong words, given that “liar” is unparliamentary, but also signalling the trench lines in a Parliament ticking the boxes on the back of governing ANC numbers in the House – and how those in power exercise power.
What led to this fracas was DA MP Glynnis Breytenbach’s comment that Gcaleka had “a very cosy relationship, some say intimate relationship, with her boss, the rather odious Menzi Simelane, leading to speedy promotions…”
Breytenbach and Gcaleka were at the prosecution service at the same time.
The ANC objected – Good party MP Brett Heron later called the comment “racist” and “sexist” – with Human Settlements Minister Mmamoloko Kubayi intervening: “(W)e can’t allow to have such an insinuation in the House, given what we have gone through as women in this country.”
Mapisa-Nqakula agreed, invoking Rule 88 that prohibits casting aspersions on the holder of a public office – and ordered Breytenbach to withdraw. When she didn’t, the DA MP was ordered out.
The DA argued that Rule 88 didn’t apply – Gcaleka was not yet approved as Public Protector as the role was under consideration in the House. Not as deputy Public Protector or acting Public Protector.
The Speaker didn’t rule on Steenhuisen’s statements, but said: “For now, the liar will say: Let us proceed with the proceedings of this House.”
DA Chief Whip Siviwe Gwarube raised a question of bias regarding Mapisa-Nqakula’s ruling on Breytenbach, and when she was dismissed, announced the DA walkout.
EFF MP Mzwanele Manyi was in the House to publicly state the party’s opposition to Gcaleka. His comments about her bias, and describing her as “not an honest person”, “a liar” and “a manipulator” went uninterrupted. It was his “thug” comment regarding ANC MPs that got him into hot water with the Speaker.
As he was ordered out of the House after refusing to withdraw his remarks, Manyi, pointing to the ANC seats, continued: “These people are thugs. These are elected thugs. They know nothing about representing the people of this country… I’d rather go than sit with thugs.”
But no intervention came when ANC MP Qubudile Dyantyi criticised Breytenbach who “ran away, could not hide her bias…” and allowed personal feelings to interfere.
“The DA wants that we forgo the best person… because of someone who can not get over a personal experience (at the NPA)…”
The point?
Rather than the consensus of a multiparty democracy, as the Constitution outlines, ANC numbers and leveraged influence carried the day once again. Or, as ANC MP Mina Lesoma, put it: “Advocate Kholeka Gcaleka is fit and proper to serve as the fifth Public Protector of the Republic.”
But Thursday’s 244 votes for Gcaleka is a far cry from the unanimous approval of Thuli Madonsela as Public Protector in 2009, and also falls short of the support Mkhwebane received in 2016 when only the DA abstained.
And that reflects how trenches dug on the back of numbers in a majoritarian rather than multiparty democracy can erode trust in the process and in institutions themselves. DM
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Oh, sad, sad day for SA. Both for the processes and the result. Who will now trust a PP that bed-partners someone as odious as Menzi Simelane? Perhaps Pastor Chikane can make them his first project. The above reads like a cheap SABC soap! What a porno-shambles our parliament has become. Viva, ANC, Viva. NOOOOOT!
I say give the woman a fair chance. She may well have the fortitude to rise above what the ANC is.
She’s already had a significant chance with the Phala Phala inquiry, and she duffed that one magnificently, showing herself to be just as partisan as her erstwhile boss is—only in a different direction.
Any Public Protecter must be totally objective and impartial. The slightest hint of bias, irrespective of its nature, can only discredit that venerable office.
Yawn. Why even bother.
You can’t debate with the stupid.
You can’t espouse the value of work to the lazy.
You can’t talk to morality to thieves.
In the wise words of Dr Seuss:
You can’t teach a Sneetch.
Total South African implosion is the only thing that will wake these morons up.
…and even then they will of course blame apartheid.
They’ll be the very last ones to feel such an implosion—and that’s the main reason for SA being where it is.
We have reached a stage where no one peson is going to suit everyone.
I say give her a chance even though I do not agree with Phala Phala findings.
Seems there is no public in public protector anymore. All about MP skulduggery
“The governing ANC is not shy to use its numbers to get its way”. No! Really? This is what any government anywhere with strength in numbers will do. Rishi Sunak doesn’t phone up Keir Starmer and ask what his preference is.
I am not agreeing with the ANC’s position here, but why insert that into the report? OF COURSE the ANC are using their majority. That’s how parliaments work.
Breytenbach is way out of line repeating gossip in parliament. Of course if she’s called to account she will say that SHE didn’t say that, she’s just repeating what is being said.
I’d say give her a chance – if Mkwebane didn’t like her (from what I’ve seen from press reports), then she must have something to recommend her! Gcaleka knows that she’s now firmly in the headlights and that if she strays into political partisanship (notwithstanding the Phala-Phala report), like her predecessor did, that her life will be made very difficult. I hope so, anyway.
I’d also like to register my disgust at Breytenbach, an MP I’ve previously liked very much for her forthright, no nonsense approach. However, her insinuations – with not a shred of evidence – were completely out of order. Another example of the DA shooting itself in the foot, opening the door to accusations of racism and sexism (true or not, they’ve opened the door) and once again showing the DA has zero idea about the optics of our society. How dumb are they?
Agreed. Why are the DA resorting to Trumpian insinuations and childish name-calling every-time they are on the short end of a stick? Where are rational, adults in the room? If the EFF said that, I would not have been surprised, but the DA? Own goal. Very disappointing.
Compare the DA run Western Cape service delivery to all other anc run provinces ….. Now who’s dumb?
You are missing the bus Gerrie. This has nothing to do with witch province is the best run.
To ensure a fair and effective appointment of a new Public Protector, it is crucial to focus on merit, qualifications, and a genuine commitment to upholding constitutional values. While past behavior can provide some insights, it is important not to jump to conclusions based solely on personal relationships or affiliations.
During the public debate, it is unfortunate that Glynnis represented the DA on this occasion, as it might raise questions about her relationship with Kholeka when they worked together. However, it is imperative to consider that personal relationships should not overshadow the selection process. It is essential to focus on the candidate’s ability to perform their duties diligently and impartially.
Parliament should prioritize making decisions based on the best interests of the public rather than engaging in party-political points scoring. The role of parliament is to represent the people and serve as a platform for meaningful discourse, not to mimic the competitive nature of sports arenas.
It is unfair to disqualify Ms. Gcaleka from assuming the position of the Public Protector based on a decision related to Phala-Phala. Let us approach this situation with grace and agreement, as stated by Prof Thuli Madonsela: “May her leadership be blessed with the exceptional wisdom and fairness required for this important constitutional institution.” It is time to prioritize the qualities and qualifications of the candidate rather than dwelling on one isolated decision.
Well said.
Besides she even looks intelligent unlike the vast majority in ANC who look like gangsters
agreed! too many negatives on here, also who did the da offer as an alterative. nudda
I’m sure Glynnis herself would make an excellent PP, making the lives of the crooks in govt miserable. Thats why the corrupt majority would never vote for her.. Her comments in parliament might not have been tasteful but needed to be said, the country needs to know who this high office-bearer really is.
Has the anc ever appointed the BEST person for the job? No – they always appoint the RIGHT person – the one who will allow them to feed at the trough unabated, without fear or favor.
Has the anc ever appointed the BEST person for the job? No – they always appoint the RIGHT person – the one who will allow them to feed at the trough unabated, without fear or favor.