EFF, DA, FF+ unite against Kholeka Gcaleka

Deputy public protector Kholeka Gcaleka needs 60% of votes from the National Assembly for her name to be forwarded to Ramaphosa for appointment for non-renewal seven years.

Deputy public protector Kholeka Gcaleka needs 60% of votes from the National Assembly for her name to be forwarded to Ramaphosa for appointment for non-renewal seven years.

Published Aug 30, 2023

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In a rare moment of unity, the DA, EFF and Freedom Front Plus joined forces in opposing the recommendation of deputy public protector Kholeka Gcaleka to take over Busisiwe Mkhwebane when her term comes to end in October.

However, their efforts were in vain as the ANC, and the IFP rallied behind Gcaleka, who is now another step closer to becoming public protector.

DA MP Glynnis Breytenbach told the ad hoc committee to nominate a person for appointment as public protector that she found Gcaleka wholly unsuitable for the post.

She also said Gcaleka had a burden of baggage from her days at the National Prosecuting Authority.

“I don’t think she answered questions entirely and frankly. She has not demonstrated as acting public protector that she has sufficient experience to take over the top job. We will not be supporting her,” she said.

EFF MP Omphile Maotwe said Gcaleka had accepted to act as public protector when she had ambitions for the position and also accused her of not being honest about the finding she made on the sale of game at President Cyril Ramaphosa’s Phala Phala farm.

“It is something we have a duty to say not in our name and country. We don’t support her,” Maotwe said.

ANC MP Bulelani Magwanishe disagreed that Gcaleka should have disqualified herself from acting in the position of Mkhwebane as her position provided her to act in her absence.

“We have a person who has grown organically within the institution,” Magwanishe said, adding Gcaleka had performed her duties very well.

IFP MP Mzamo Buthelezi said Gcaleka showed self-confidence and strong leadership during her interview.

He also said she was insightful and had deep knowledge about the Office of the Public Protector.

When it was clear that seven MPs were in support of Gcaleka and three against, the DA, EFF and Freedom Front Plus asked that their objection be recorded in the report to be tabled in the National Assembly.

Committee chairperson Cyril Xaba, said: “Adv Gcaleka received the most support - seven of the 11 members voted in support of Adv Gcaleka’s nomination as the next PP.

“The majority of members agreed that she would be in a position to strengthen the work of the PPSA and restore the morale in the office.”

Gcaleka needs 60% of votes from the National Assembly for her name to be forwarded to Ramaphosa for appointment for non-renewal seven years.

However, moments after the meeting, Breytenbach said the pool of applicants and nominees was disappointing when compared with the pool available during the last interview.

“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 alternative. Parliament must reopen the application process, in order to find a candidate truly worthy of being the new public protector of South Africa,” she said.

This was before MPs eliminated five of the interviewed candidates, leaving Gcaleka along with Pension Fund Adjudicator Muvhango Lukhaimane and former Human Rights Commission CEO Tseliso Thipanyane to be considered for the top job.

Thipanyane was found to have vast experience in Chapter 9 Institutions and the ability to execute the mandate of the Office of the Public Protector, but MPs were not impressed with his answers to questions.

Lukhaimane’s stint at State Security Agency (SSA) came back to haunt her as MPs felt she denied her role while working at the human resources unit there.

Maotwe said Lukhaimane did not convince them she possessed the required skills.

Cape Times