The Ad Hoc Committee to Nominate a Person for Appointment as Public Protector (PP) concluded its work yesterday when it recommended Adv Kholeka Gcaleka as the next PP. Adv Gcaleka has been acting as the PP for over a year since the suspension of Adv Busisiwe Mkhwebane and she is also the Deputy PP.
The Chairperson of the committee, Mr Cyril Xaba, said the committee agreed to first eliminate the names of five candidates it deemed less suitable for the position from the list of eight candidates it interviewed last week. The eight candidates were Adv Gcaleka, Adv Oliver Josie, Ms Johannah Ledwaba, Ms Muvhango Lukhaimane, Adv Lynn Marais, Prof Boitumelo Mmusinyane, Adv Kwena Tommy Ntsewa and Adv Tseliso Thipanyane. A lack of expertise in administrative law, an understanding of the Public Protector’s mandate, giving “generic answers” and not having a concrete plan to take the PPSA further were some of the general concerns raised by committee Members.
“During our deliberations, Members of the committee were unanimous about which five candidates should be eliminated in the first round.” Adv Josie, Ms Ledwaba, Adv Marais, Prof Mmusinyane and Adv Ntsewa were thus eliminated.
The committee then deliberated further on the remaining three candidates – Adv Thipanyane, Adv Lukhaimane and Adv Gcaleka. After further deliberations, the committee was left with one candidate. “Adv Gcaleka received the most support – seven of the 11 members voted in support of Adv Gcaleka’s nomination as the next PP. The majority of members agreed that she would be able to strengthen the work of the PPSA and restore the morale in the office.”
Committee Member Ms Manketsi Tlhape said: “I think she also had a very excellent interview and was well prepared. She has a wealth of experience in legal practice and provided a clear approach to improving accessibility to the Office of the Public Protector. She added that Adv Gcaleka demonstrated a clear vision for the office. “She demonstrated a good temperament, which is a very critical requirement,” said Ms Tlhape. She went on to say that Adv Gcaleka stood her ground on questions that could have put her off-balance. She demonstrated bravery and stood by her decisions to the questions that came.
Another Member, Nkosi Mzamo Buthelezi, said Adv Gcaleka showed so much self-confidence and strong leadership came through when she was presenting during the interviews “… and she demonstrated deep knowledge and understanding of the ins and outs of the office that she is occupying already. And she was very insightful in that regard.”
Committee Member Mr Qubudile Dyantyi, said she demonstrated that she has both the character and the capability for that office. “I was amazed that in three and a half years of being a deputy about the level of readiness; that here you have a young woman and she performed beyond all of her peers who were here.”
Notwithstanding this support, the Democratic Alliance, Economic Freedom Fighters and the Freedom Front Plus questioned Adv Gcaleka’s independence. Committee Member Adv Glynnis Breytenbach said she found Adv Gcaleka to be wholly unsuitable for the post. “I do not think that she answered questions entirely frankly. And I don’t think she has demonstrated, in her position as acting Public Protector, that she has sufficient experience to take over the top job. So, we will not be supporting her.”
Another Member Ms Omphile Maotwe claimed this advocate was dishonest. “When a situation is like this, she says this, when the situation changes, she says a different thing. A person like that is far more dangerous for a young democracy. She’s got a cloud hanging over her head.”
Committee Member Mr Wouter Wessels said he is not convinced that Adv Gcaleka has the capability to restore that confidence. “There is, unfortunately, a cloud and a question mark with regard to her impartiality regarding decision-making. To appoint her would be to the detriment of the Office of the Public Protector and to our constitutional order.”
Mr Xaba welcomed the active involvement of members of the public in this process and thanked them for their involvement. He said the committee’s report on Adv Gcaleka’s recommendation will be sent to the National Assembly (NA) for its consideration. The NA will vote on the matter and a 60% support is required for the recommendation to be approved by the House. The NA will then send the recommendation to the President for appointment. The term of the current PP comes to an end in October 2023.
Rajaa Azzakani
30 August 2023
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