By Remmy Mayanja Semakua
Response to Rozario Brown’s letter as to why Kholeka Gcaleka cannot be entrusted with the office of the PP.
Gcaleka is entitled to be on the list of consideration for the appointment of the next public protector (PP) based on merits not on prejudiced concerns of respective individuals.
As the current acting public protector, Gcaleka was entitled to make a decision on any matter placed before her for investigations and/or consideration.
The public protector’s decision is subject to review in the High Court in case one isn’t satisfied with his/her decision. That is the due process which the Constitution affords to whoever isn’t happy with the decision of the public protector.
Therefore, her decision in the Phala Phala investigations ought to be considered for review in the High Court, but not for the process of considering the list of the appointment of the next public protector, as a forum to review her decisions.
The Constitution is very clear about the process and/or the forum under which a decision of the public protector may be challenged, based on the facts, evidence and the law.
Rozaria Brown should not use the process of appointing the next public protector as a forum to air concerns about Gcaleka’s decision on the Phala-Phala investigations.
A single decision which hasn’t been tested/challenged and/or reversed by the court, can’t be used as grounds to disqualify Gcaleka from the list and/or consideration of the appointment of the next public protector.
Furthermore, the Constitution accords and/or entitles the president (to exercise) the power to appoint the public protector after Parliament provides him/her with the list of names to choose from.
Therefore, in the process of appointing the next public protector, South Africa should not deviate from the prescripts of the Constitution simply because of mere concerns of respective individuals, but stick to the merits of the individuals who are listed for consideration.
Cape Times
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