One of the candidates nominated for the public protector position is crying foul, questioning the process followed in shortlisting candidates for interviews.
Macbeth Ncongwane, a senior attorney with 18 years in practice, wrote to the ad hoc committee tasked with appointing the new public protector to register his concern.
“I was a candidate nominated for the position of public protector. I do not believe that the process that was followed in shortlisting was transparent,” he said. “The constitution requires that all processes embarked on by the state must be rational, transparent, effective, accountable and responsive, therefore a high degree of care is required in the form of due process.”
Ncongwane’s name did not make it into the final eight that will be interviewed on Wednesday and Thursday.
He said while he did not feel entitled to be shortlisted, he was concerned at the manner the whole process of shortlisting played out in public.
“Prima facie and based on the engagement of parliamentarians, credence is not given that the process was transparent, fair and open. It appears further that MPs were ticking the boxes of only filling eight candidates.”
Ncongwane said “I accept that about 38 candidates were nominated and therefore it was a mammoth task to run all interviews of 38 people looking at the constraints of time for the appointment of the public protector in October 2023.”
Ncongwane pointed out that parliament has “an absolute duty” to run a process that is scandal free, transparent and fair to all.
“At the end of the day, the public must have faith in the process and that no potential candidate was left out due to a process that appears to have been rushed.”
Ncongwane said he had followed the ad hoc’s committee discussion on the parliamentary TV channel and picked up that MPs were “merely ticking the boxes” and there was no intention to vociferously engage with the questionnaires submitted by candidates.
He asked the committee to explain the instrument or criteria it used to fix the shortlisted candidates to only eight.
He also wanted MPs to explain the instrument or criteria used to single out other candidates without following the necessary audits. He charged that candidates were not given an opportunity to comment on any adverse comments in deliberation by the committee before a final decision was made.
“I therefore challenge the process because of the obvious lack of transparency and rationality. I therefore propose that the process of shortlisting must start de novo and committee members are given an opportunity to seriously engage the questionnaire.”
Ncongwane said he reserved his rights in case no reasonable response was forthcoming.
Committee chairperson Cyril Xaba [ANC], supported by other MPs, defended the process, saying the committee followed strict, predetermined criteria to shortlist candidates.
Xaba said committee members were granted an opportunity to indicate which of the candidates met the criteria they preferred for the shortlist.
“It was on the basis of the amount of nominations that candidates received by members in that committee meeting that the final eight candidates were selected and shortlisted. Those candidates that receive more nominations then made the shortlist for interviewing.”
Xaba said the committee had to look for a fit and proper person for the position but as the law does not describe the term fit and proper, the committee used case law, which offers a guide in this regard, specifying character, experience, knowledge and skills.
The committee will interview four candidates — advocates Tseliso Thipanyane, Kwena Tommy Ntsewa, Oliver Josie and Lynn Marais on Wednesday and Muvhango Lukhaimane, magistrate Johannah Ledwaba, Prof Boitumelo Mmusinyane and advocate Kholeka Gcaleka on Thursday.
The committee has to report back to the National Assembly with the successful candidate by August 31.
Suspended public protector Busisiwe Mkhwebane’s term of office ends mid-October.
TimesLIVE
Unsuccessful public protector candidate slams selection process
Image: 123RF/EVGENYI LASTOCHKIN
One of the candidates nominated for the public protector position is crying foul, questioning the process followed in shortlisting candidates for interviews.
Macbeth Ncongwane, a senior attorney with 18 years in practice, wrote to the ad hoc committee tasked with appointing the new public protector to register his concern.
“I was a candidate nominated for the position of public protector. I do not believe that the process that was followed in shortlisting was transparent,” he said. “The constitution requires that all processes embarked on by the state must be rational, transparent, effective, accountable and responsive, therefore a high degree of care is required in the form of due process.”
Ncongwane’s name did not make it into the final eight that will be interviewed on Wednesday and Thursday.
He said while he did not feel entitled to be shortlisted, he was concerned at the manner the whole process of shortlisting played out in public.
“Prima facie and based on the engagement of parliamentarians, credence is not given that the process was transparent, fair and open. It appears further that MPs were ticking the boxes of only filling eight candidates.”
Ncongwane said “I accept that about 38 candidates were nominated and therefore it was a mammoth task to run all interviews of 38 people looking at the constraints of time for the appointment of the public protector in October 2023.”
Ncongwane pointed out that parliament has “an absolute duty” to run a process that is scandal free, transparent and fair to all.
“At the end of the day, the public must have faith in the process and that no potential candidate was left out due to a process that appears to have been rushed.”
Ncongwane said he had followed the ad hoc’s committee discussion on the parliamentary TV channel and picked up that MPs were “merely ticking the boxes” and there was no intention to vociferously engage with the questionnaires submitted by candidates.
He asked the committee to explain the instrument or criteria it used to fix the shortlisted candidates to only eight.
He also wanted MPs to explain the instrument or criteria used to single out other candidates without following the necessary audits. He charged that candidates were not given an opportunity to comment on any adverse comments in deliberation by the committee before a final decision was made.
“I therefore challenge the process because of the obvious lack of transparency and rationality. I therefore propose that the process of shortlisting must start de novo and committee members are given an opportunity to seriously engage the questionnaire.”
Ncongwane said he reserved his rights in case no reasonable response was forthcoming.
Committee chairperson Cyril Xaba [ANC], supported by other MPs, defended the process, saying the committee followed strict, predetermined criteria to shortlist candidates.
Xaba said committee members were granted an opportunity to indicate which of the candidates met the criteria they preferred for the shortlist.
“It was on the basis of the amount of nominations that candidates received by members in that committee meeting that the final eight candidates were selected and shortlisted. Those candidates that receive more nominations then made the shortlist for interviewing.”
Xaba said the committee had to look for a fit and proper person for the position but as the law does not describe the term fit and proper, the committee used case law, which offers a guide in this regard, specifying character, experience, knowledge and skills.
The committee will interview four candidates — advocates Tseliso Thipanyane, Kwena Tommy Ntsewa, Oliver Josie and Lynn Marais on Wednesday and Muvhango Lukhaimane, magistrate Johannah Ledwaba, Prof Boitumelo Mmusinyane and advocate Kholeka Gcaleka on Thursday.
The committee has to report back to the National Assembly with the successful candidate by August 31.
Suspended public protector Busisiwe Mkhwebane’s term of office ends mid-October.
TimesLIVE
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