'She will never be public protector': Shivambu objects to Gcaleka succeeding Mkhwebane

13 July 2023 - 12:42
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EFF deputy leader Floyd Shivambu.
EFF deputy leader Floyd Shivambu.
Image: Werner Hills

Advocate Kholeka Gcaleka's nomination to replace Busisiwe Mkhwebane as public protector has been met with mixed reaction, including from EFF deputy leader Floyd Shivambu. 

The acting public protector is in the running to fill the position permanently when suspended Mkhwebane's term expires on October 14. A public protector is appointed for a non-renewable period of seven years.

The National Assembly's ad hoc committee was presented with 38 nominations to fill the post. The nominees, including their redacted CVs, have been published for public comment until July 21.

Shivambu objected to Gcaleka succeeding Mkhwebane, saying the nominations mean nothing.

“Kholeka will never be the public protector of South Africa. The nominations mean absolutely nothing,” he said.

“The decision to appoint a public protector needs [a] two-thirds majority of the National Assembly [and] Kholeka will never receive such. There are credible candidates in the final list — they will emerge.”

The EFF also objected to Gcaleka's name during the committee's announcement of the nominees. 

Last week, EFF leader Julius Malema said Gcaleka was an “impostor”. He rejected her findings on Phala Phala. 

Gcaleka investigated whether President Cyril Ramaphosa violated the executive ethics code of ethics for cabinet members and if he abused state resources after millions of US dollars were stolen from his game farm in Limpopo in February 2020.

“The tactics to bury the Phala Phala report, most recently by an ambitious public protector who seeks to piggyback her way into the office, will not work. The EFF will never allow careerism to undermine the fight against corruption,” said Malema.

The EFF said it will not allow chapter 9 institutions to be used to fight political battles and will not let the Phala Phala matter go.

Gcaleka said her office's report was not biased or “whitewashed”.

“This report has been well thought out. I am confident this is a matter in which the public protector would not be found to have been biased or to have dealt with the matter in an unbecoming manner.

“The court might arrive at a different decision — that is really up to the court, but we are confident we have done the best we could in line with the law,” she told Newsroom Afrika.

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