Parliament, Wednesday, 13 March 2024 – The Portfolio Committee on Justice and Correctional Services today interviewed seven candidates for the position of Deputy Public Protector (DPP).
Committee chairperson Mr Bulelani Magwanishe said the position became vacant late last year (2023) when the then DPP was appointed as the Public Protector (PP). The committee initially received 46 applications and nominations, and two of those withdrew shortly afterwards.
The committee then proceeded to shortlist eight candidates for interviews, but shortly afterwards Adv M Marriot withdrew. The candidates interviewed today were: Adv AV Mavhidula, Adv S Tebeile, Ms P Mokgaladi, Adv S Moleshe, Ms L Mkhize, Adv TS Thipanyane and Adv TA Bunguzana.
Mr Magwanishe said the committee was delayed to start the interviews due to the objection by some of its members to the presence of Adv Busisiwe Mkhwebane on the interview panel on the grounds of an alleged conflict of interest as committee heard that Adv Tebeile is appearing pro-bono for Adv Mkhwebane in a matter. The committee further heard that Adv Mkhwebane, during her tenure as PP, instituted disciplinary proceeding against Ms Mokgaladi; overturned the outcome of the proceeding and requested that Ms Mokgaladi provide reasons to not terminate her employment. The labour court later overturned Adv Mkhwebane’s decision.
The committee then called for im-pronto legal advice which stated that in terms of the National Assembly Rules, Members do not have to recuse themselves but rather declare their involvement with the person prior to the engagement. Mr Magwanishe said: “The committee decided to continue with its interviews. We have however requested a comprehensive legal opinion on the matter to ensure fairness to the process.”
Candidates were questioned on the protection of whistle-blowers, involvement in investigations of high-profile matters, change of career paths, understanding of the mandate of the office of the Public Protector, understanding of court judgements that impacted the office, pressing human rights issues in society and conflict handling between the DPP and the PP.
Mr Magwanishe said the DPP is appointed by the President on the recommendation of the National Assembly for such a period as the President may determine at the time of such appointment, but not exceeding seven years. The DPP may at the end of his or her term be reappointed for one additional term. The annual salary for the position is R1 924 542.
The person appointed as DPP must be a South African citizen, who is fit and a proper person to hold such office, and who:
- Is admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having been so admitted, practiced as an advocate or an attorney; or
- Is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university; or
- Has specialised knowledge of or experience in, for a cumulative period of at least 10 years, the administration of justice, public administration, or public finance; or
- Has, for a cumulative period of at least 10 years, been a member of Parliament; or
- Has acquired any combination of experience mentioned in paragraphs (a) to (d), for a cumulative period of at least 10 years.
Regarding the role and responsibilities of the DPP, the committee previously heard in a presentation from support staff that the DPP has such powers as the Public Protector may delegate. The committee was reminded that if the PP is, for any reason, unable to perform the functions of his or her office, or while the appointment of a person to the office of the PP is pending, the DPP shall perform the functions of the PP. The DPP shall also assist the PP (subject to his or her directions and control), in the performance of the PP’s functions under the Act and the Constitution.
Mr Magwanishe said the committee will deliberate extensively next week, after receiving the legal opinion, on the candidates interviewed.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, MR BULELANI MAGWANISHE.
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Name: Rajaa Azzakani (Ms)
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E-mail: razzakani@parliament.gov.za
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