Picture: Advocate Kholeka Gcaleka recommended occupying the Public Protector position
By OBAKENG MAJE
Forum 4 Service Delivery (F4SD) is the latest political party that unequivocally rejects the recommendation of Advocate Kholeka Gcaleka to become the next Public Protector by Parliament. F4SD Secretary-General, Masego Kodisang said they uphold the principle that the Public Protector’s Office must be held by an individual who can act independently and impartially, without being influenced by any political affiliations.
Kodisang said, regrettably, that Gcaleka does not fulfill this criterion. She further said, Gcaleka has a long history of association with the ANC.
“She was a former member of the ANCYL and served as the legal advisor to the former Home Affairs Minister, Malusi Gigaba. Her relationship with the ANC raises questions about her ability to remain unbiased in her decisions, particularly in cases involving individuals or entities associated with the ANC.
“This was evident in her handling of the recent investigation into the Phala Phala Farm scandal, where she cleared President Cyril Ramaphosa of any wrongdoings, despite clear
evidence from various parties, particularly the Parliament’s Section 89 Inquiry panel, which found that Ramaphosa has a prima face case to answer,” said Kodisang.
She added that, it is imperative that, the Public Protector remains above partisan interests, serving as a safeguard against corruption and abuse of power by public officials. According to Kodisang, they believe that Gcaleka’s affiliations with the ANC will hinder her ability to act without influence and protect her comrades from scrutiny.
“The potential appointment of Gcaleka, given the circumstances, will compromise the integrity of the office and undermine public trust in its ability to fulfill its mandate. So, F4SD calls for a robust and transparent selection process that upholds the highest standards of integrity, ethics, and impartiality.
“In the spirit of upholding accountability and promoting the common good, F4SD emphasizes the need for a nominee who is beyond reproach, free from any conflicts of interest, and dedicated to serving the interests of the South African people above all else,” she said.
The National Assembly (NA) spokesperson, Moloto Mothapo said: “In May 2023, the parliament noted that the now former Public Protector, Adv Busisiwe Mkhwebane’s term of office was coming to an end. 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.”
Mothapo said 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 conduct its business in an open manner, and hold its sittings, and those of its committees, in public.
He said the Committee accordingly conducted its business in an open and transparent manner. Mothapo said 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.
The Guardian 