Picture: Prof Boitumelo Mmusinyane/Facebook
By OBAKENG MAJE
Many South Africans were left mesmerised by how Professor Boitumelo Mmusinyane showed a fundamental understanding of the law during interviews for the Public Protector position. Mmusinyane responded to questions with confidence and created a strong, lasting impression.
Even though he was not recommended by the panel, he took time to write on his Facebook page, where he thanked all those who supported him and congratulated Advocate Kholeka Gcaleka, who was recommended by the panel to become the new Public Protector.
Gcaleka has been acting in that position for more than a year now since South African president, Cyril Ramaphosa suspended the outgoing Public Protector, Busisiwe Mkhwebane.
“Fellow South Africans, I wish to take this opportunity to say that South Africa as a constitutional state, is established on principles of openness, transparency, and fairness. The committee established to nominate the next Public Protector has done its work, and did so publicly for everyone to see.
“It has chosen its candidate to be considered by the National Assembly (NA) through a voting system. This is despite disagreement among them, but there is absolutely nothing where the public has a say at the moment. I have my utmost respect for Adv Gcaleka. In the end, only one candidate has to be chosen,” he said.
Mmusinyane further said it is normal in every competition that there has to be a winner. He added that, in general, interviews often give mixed emotions and he fully understands the masses’ concerns and positions.
“Let’s give politicians space and time to do what is right for the country. Forward, we are going and I wish to take this opportunity to thank you all for your support, and encouragement during this process. Like I said, I did what I was called for and did so to the best of my abilities. In the end, only one individual has to be picked,” said Mmusinyane.
However, the Democratic Alliance (DA) Member of Parliament and Shadow Minister of Justice and Constitutional Development, Adv Glynnis Breytenbach said they call for the re-opening of applications for Public Protector.
Breytenbach said they hold the view that none of the candidates interviewed are suitable for appointment, given the enormous responsibility this position holds. She said the candidates all showed an alarming lack of basic knowledge of the legal framework in which they would be required to operate.
“We further hold the view that an appointment should not be made simply due to a lack of any better alternatives. The Public Protector is a critical Chapter 9 institution tasked with strengthening constitutional democracy in South Africa.
“The importance of a strong, independent Public Protector cannot be overstated, and was excellently outlined within the Constitutional Court’s Nkandla judgement. Mkhwebane has done immense damage to the institution of the Public Protector,” said Breytenbach.
She said they did not nominate any of the applicants and nominees for the shortlist, simply because they were all unknown players, none of whom stood out as a suitable candidate. According to Breytenbach, it is unfortunate that the pool of applicants and nominees was disappointing when compared with the pool available during the last interviews.
Meanwhile, the Chairperson of Ad Hoc Committee, Cyril Xaba said: “The committee has recommended Gcaleka as the next Public Protector. 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 committee’s report on her recommendation will be sent to the National Assembly (NA) for its consideration. The NA will vote on the matter and 60% support is required for the recommendation to be approved by the House.”
The Guardian 