The crucial omission that could scupper Kevin Malunga's ambition to succeed Madonsela

Deputy Public Protector Kevin Malunga was dismissed from Wits Law School in 2009 when he failed to pass his probationary period as a lecturer, a fact he has withheld from the parliamentary committee deciding who will replace Thuli Madonsela.

Lecturers are placed on probation for a period of three years, extendable for a further four, during which time they must have their work published in a recognised law journal.

Malunga took up the post in 2004, but was forced to leave in 2009, having failed to satisfy requirements.

Speaking to Business Day from Gabon on Thursday, Malunga admitted he had been dismissed, but claimed he had disclosed this to the committee.

However, he had not done so.

In a questionnaire given to all candidates, Malunga was asked if he had faced "an internal investigation, a disciplinary inquiry, or been dismissed" in a previous job.

Although he answered "yes", he did not identify whether he was referring to a probe or a dismissal. Instead, he added a paragraph of text about a disciplinary hearing he had faced in 2009, but made no mention of the dismissal, which had no bearing on the disciplinary matter.

Asked why he had chosen not to disclose it, he said: "I decided to move on with my life. I put it behind me and I have excelled ever since."

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