Former public protector Busisiwe Mkhwebane. (Photo: Gallo Images / Brenton Geach) | Public Protector Kholeka Gcaleka. (Photo: Gallo Images / Papi Morake) 
On Thursday, 10 October 2024, a parliamentary meeting about the Office of the Public Protector’s annual report descended into a back-and-forth between Public Protector Kholeka Gcaleka and her impeached predecessor, Busisiwe Mkhwebane.
The meeting turned into a shouting match after Gcaleka told the committee Mkhwebane was “conflicted”.
In September 2023, Mkhwebane infamously became the first Public Protector to be impeached. She has since become an EFF MP and serves on the Portfolio Committee on Justice and Constitutional Development, which has oversight of the Public Protector.
Her deputy, Gcaleka, was officially appointed as Public Protector on 1 November 2023.
While the meeting highlighted several issues in the Public Protector’s office, including budget constraints and overwhelmed investigators, the attention shifted to the conflict between Mkhwebane and Gcaleka.
‘Don’t disrespect me’
It started when Mkhwebane questioned whether the Public Protector’s office had a new vision – specifically, whether Gcaleka had a vision – since, she claimed, her own plans were still in place. She also raised questions about additional security measures introduced for CEO Thandi Sibanyoni.
Gcaleka responded: “This committee has a member who is conflicted when it comes to the issues of the Public Protector because she is the impeached Public Protector.”
She said some of the matters raised by Mkhwebane were “ventilated in the section 194 committee” into her fitness to hold office.
Mkhwebane asked why committee chair Xola Nqola allowed Gcaleka to raise “nonsensical” issues.
“I don’t think it’s fair for you to allow this,” she said.
Nqola attempted to stop the conversation by saying the best way forward was to move away from the topic.
However, Gcaleka argued that her address could not be described as “nonsensical”.
“Being a member of Parliament doesn’t give anyone powers to be disrespectful to the next person. I am the Public Protector and office bearer, and I am an officer of the court, being an admitted advocate. We owe one another mutual respect. It cannot be that you disrespect me,” she said.
Threats against Public Protector CEO
Mkhwebane also raised the use of institutional cars and extra protectors by the Chapter 9 institution’s CEO, Sibanyoni.
Gcaleka then dropped a bombshell, claiming Mkhwebane’s husband, David Skosana, had threatened Sibanyoni over the former public protector’s R10-million gratuity claim.
“Among messages, phone calls [to Sibanyoni], which were made by David Skosana, whom I also see is now on the platform, there was also an SMS from an unknown number.”
Gcaleka said the threats had been reported to the police.
In 2023, Skosana claimed without evidence that deceased MP Tina-Joemat Pettersson allegedly attempted to solicit a bribe on behalf of the section 194 inquiry chair, Qubudile Dyantyi, ANC Chief Whip Pemmy Majodina and herself to make her protracted impeachment proceedings “go away”.
Skosana is now an MP with the uMkhonto Wesizwe (MK) party and during the committee meeting it emerged he was in the process of becoming an alternate member.
Gcaleka then described the message sent to Sibanyoni from an unknown number: “This I am going to read out so that I prove the conflict: ‘If Fighter Mkhwebane doesn’t get her money, we will pay your sons – and the sons’ names are stated – a visit, your choice.”
“And this is amongst several threats that were made to the CEO,” Gcaleka said.
Mkhwebane’s attempt to obtain her R10-million gratuity was dismissed this week in the North Gauteng High Court.
Read more: Yet another slapdown for Mkhwebane as judge dismisses ‘absurd’ bid for R10m gratuity
She added that she could not answer security issues regarding Sibanyoni.
MP Sibonelo Nomvalo, also from the MK party, intervened, and it was agreed that Gcaleka would bring a detailed submission about the security issues.
At that point Skosana also wanted a word because his name had been mentioned. He said it was “unfortunate” that his name had been invoked.
He added: “I’m saying if [Gcaleka’s] not happy that I’m here, she must jump.
“She is feeling the heat under her collar,” he said, adding, “I’m ready on all fronts and if need be, her wish will happen.”
Gcaleka responded: “Honourable chair, I just want to raise this as a threat.” DM