Picture: Advocate Kholeka Gcaleka, who was recommended to become the new Public Protector/Google
By OBAKENG MAJE
The Economic Freedom Fighters (EFF) said it vehemently rejects the appointment of Advocate Kholeka Gcaleka as the Public Protector. This comes after Gcaleka was officially recommended by the National Assembly earlier today through votes.
The parliament spokesperson, Moloto Mothapo said, in May 2023, the NA noted that the now former Public Protector, Adv Busisiwe Mkhwebane’s term of office was coming to an end. He said the House established an Ad Hoc Committee to nominate a person for appointment as the next Public Protector – in accordance with section 193(5) of the constitution.
“The Public Protector is appointed by the President, on the recommendation of the NA, for a non-renewable term of seven years. The Ad Hoc Committee to nominate a person for appointment as Public Protector, met for the first time on 6 June 2023 and elected Cyril Xaba as its chairperson.
“Section 59(1) of the constitution provides for public access to and involvement in the processes of the NA. Broadly, the provision states that the NA must facilitate public involvement in its legislative and other processes and conduct its business in an open manner and hold its sittings, and those of its committees, in public,” said Mothapo.
He further said the committee accordingly conducted its business in an open and transparent manner. Mothapo added that, following the rigorous interview process, the committee met on 29 August 2023 to deliberate and agreed to recommend to the NA that, it nominate Gcaleka for appointment as Public Protector.
“Gcaleka has served as Deputy Public Protector since 1 February 2020 and has acted as Public Protector since the suspension of Mkhwebane by Ramaphosa in June 2022,” he said
However, EFF national spokesperson, Sinawo Thambo said Gcaleka’s appointment hardly catches them off guard, for they have emphatically underscored that, this appointment bears the hallmarks of a quid pro quo arrangement-a reward for absolving Ramaphosa of any wrongdoing and conflicts of interest in the Phala Phala investigation by the Public Protectors office.
“This is despite the findings of a Section 89 Independent Panel, which unequivocally confirmed that the President had transgressed our constitution and the Executive Members Ethics Act (EMEA).
“Furthermore, Gcaleka’s findings also came to light during her tenure as the acting Public Protector, which followed Mkhwebane’s abrupt suspension, a mere day after the latter initiated an investigation into the substantial foreign currency concealed within furniture at Ramaphosa’s farm,” he said.
Thambo said this appointment is, therefore, undeniably tainted, raising valid concerns about the independence and impartiality of our Chapter 9 institutions. He said as South Africans, they must acknowledge that everything the ANC comes into contact with descends into corruption and scandal, failing to serve the public’s best interests.
Meanwhile, the Democratic Alliance Shadow Minister of Justice and Constitutional Development and Member of Parliament (MP), Glynnis Breytenbach shared the same sentiments.
Breytenbach said: “Gcaleka is unfit for the Office and she will now be tasked with defending our constitutional democracy for the next seven years. Her previous public positions and actions have raised red flags that should not be ignored.
“The Democratic Alliance has been unequivocal in its view that the process to appoint a new Public Protector must be reopened, as all shortlisted candidates were unsuitable,” she said.
The Guardian 