DA calls for reopening of applications for Public Protector

29 August 2023

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 as follows:

“The Public Protector is thus one of the most invaluable constitutional gifts to our nation in the fight against corruption, unlawful enrichment, prejudice and impropriety in State affairs and for the betterment of good governance…She is the embodiment of a biblical David, that the public is, who fights the most powerful and very well-resourced Goliath, that impropriety and corruption by government officials are. The Public Protector is one of the true crusaders and champions of anti˗corruption and clean governance.”

The outgoing suspended Public Protector, Adv. Busisiwe Mkhwebane has done immense damage to the institution of the Public Protector. This was confirmed in the final report of the S194 Committee which recommended that Adv. Mkhwebane be removed from office on the grounds of misconduct and incompetence as established by evidence before the Committee. The reversal of this damage to the institution and its reputation will take a concerted effort from any newly appointed Public Protector.

The Public Protector often stands as a last line of defence against state capture and corruption. It is therefore of utmost importance that the newly appointed Public Protector restores respect and credibility to the office, and who possesses integrity that is beyond reproach.

The process of the Ad Hoc Committee to nominate a new Public Protector to replace the disastrous ANC candidate, Busisiwe Mkhwebane, is now drawing to a close. After two intensive days of interviews, consisting of eight shortlisted candidates, the Committee has had the opportunity to deliberate on each candidate and their suitability for the post.

The DA 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. It is unfortunate that the pool of applicants and nominees was disappointing when compared with the pool available during the last interviews – however this may serve as an indication of the damage which has been done to the institution under Adv. Mkhwebane’s term.

We hold the view that none of the candidates interviewed are suitable for appointment, given the enormous responsibility this position holds. 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 current acting Public Protector Adv. Kholeka Gcaleka, had an obvious advantage in that she is the sitting Deputy and has acted in the position since the suspension of Adv. Mkhwebane. She was further unable to shake off the baggage from her past and has not demonstrated the dynamism required during her acting stint.

The DA will not be supporting any of the shortlisted candidates for appointment. The DA further strongly recommends that the post be readvertised in an effort to attract more suitable candidates. The position is of far too great importance to settle for an unsatisfactory candidate for the second time in a row.

Parliament must reopen the application process, in order to find a candidate truly worth of being the new Public Protector of South Africa.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice and Constitutional Development, 29 August 2023