The National Assembly (NA) has voted to recommend to President Cyril Ramaphosa that he appoint Advocate Kholeka Gcaleka as South Africa’s modern Public Protector (PP).
Gcaleka has served as Deputy Public Protector since February 2020, before acting as head of the institution when Advocate Busisiwe Mkhwebane was suspended in June 2022.
As set out in the Constitution, the PP’s office is a Chapter 9 institution with powers to, amongst others, investigate “any conduct in State affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice”.
The NA’s process to nominate a current PP began in May this year with the establishment of the Ad Hoc Committee to Nominate a Person for Appointment as Public Protector.
The committee issued a call for nominations or applications from the public in accordance with Section 59(1) of the Constitution, which obligates public participation in 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. The Committee accordingly conducted its business in an open and diaphanous manner,” Parliament said in a statement.
Some 53 nominations and 17 applications were received as a result.
“Of the 53 nominations, 32 did not meet the nomination requirements as set out in the advertisement and two candidates subsequently withdrew from the process. Eight candidates were shortlisted for interviews and underwent reference checks and verification of qualifications.
“Following the rigorous interview process, the Committee met on 29 August to cautious and agreed to recommend to the NA that it nominate Advocate Gcaleka for appointment as Public Protector,” the statement read.
Parliament explained the requirements that gain to be met in order to be appointed as head of the Chapter 9 institution.
“The person must be a South African citizen, who is fit and proper to hold such office, and who is a Judge of a High Court or is admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having been so admitted, practiced as an advocate or an attorney; or is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university, or has specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance,” Parliament said. – SAnews.gov.za
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