'Insightful' Kholeka Gcaleka wins nod from ad hoc committee as next public protector despite DA, EFF opposition

Advocate Kholeka Gcaleka is two steps away from being South Africa’s next public protector.

The ad hoc committee tasked with finding Busisiwe Mkhwebane’s replacement resolved to nominate Gcaleka as its candidate for the job. She has been acting in the position since June 2022. 

Gcaleka’s nomination was supported by the ANC and IFP, while the DA and EFF spoke strongly against her recommendation. 

Motivating for Gcaleka, ANC MP Manketsi Tlhape said the deputy public protector had an excellent interview, prepared well and demonstrated a clear vision for the office of the public protector within the confines of its mandate. 

She said Gcaleka had a wealth of experience in legal practice and provided a clear approach to improving accessibility for the office.  

“For me this was very important, and she has already moved in that regard, and you can credit that to the fact that she is acting. It would have been a surprise if she didn’t have any plans in place or had already started to put processes in place to improve the work of the PPSA.

“Adv Gcaleka meets all the requirements for the position and has demonstrated a clear understanding of the mandate and the work that she is currently doing to support and strengthen constitutional democracy. 

“I would therefore submit a proposal that we recommend her to be given the opportunity to implement the plan that she had already started for the PPSA,” she said. 

ANC MPs in the multiparty committee agreed. 

They were supported by the IFP’s Mzamo Buthelezi, who said Gcaleka should be considered for the position. 

“She was not necessarily here to convince us she is a good person for the job, but she confirmed that we should not look any further,” he said. 

“She showed so much self-confidence and strong leadership. She demonstrated deep knowledge of the ins-and outs of the office she is occupying already. She was very insightful. Not only did she demonstrate knowledge of the office but the socio-economic challenges our country is facing,” he said. 

The DA, EFF and FF Plus, however, spoke of lingering issues around her impartiality. 

For the DA’s Glynnis Breytenbach, Gcaleka is “wholly unsuitable for the post”. 

“She has a burden of baggage that can’t be dealt with. I don’t think she answered questions entirely frankly, and I don’t think she has demonstrated in her position as acting public protector that she has sufficient experience to take over the top job, so we will not be supporting her,” said Breytenbach.

The EFF’s Omphile Maotwe was more scathing, accusing Gcaleka of dishonesty and being beholden to President Cyril Ramaphosa. 

“What is more disturbing about the acting public protector is that she knew she had big ambitions to apply for the position of the public protector and yet she accepted to act knowing very well that she wants to take over. 

“If I were her and an honest person, she should have said, I have ambitions to take this position and therefore I cannot act,” said Maotwe. 

She said it was worse that Gcaleka took the responsibility of overseeing the Phala Phala investigation in which Ramaphosa was the primary person of interest as a quid pro quo (a favour for a favour) situation was created.

“If I find this person hasn’t done wrong, it’s a favour I'm doing, and in return he must then do me a favour and appoint me. That is what has been created out there,” she said. 

“She’s got a cloud hanging over her head, and giving her the office of the public protector with a cloud hanging over her head is suicidal.” 

The FF Plus also spoke about the cloud over Gcaleka, saying there was a question mark regarding her impartiality and decision-making, and to appoint her would be to the detriment of the office. 

Gcaleka’s name will require 60% support from the members of the National Assembly before it can be sent to Ramaphosa for appointment.  

With the ANC’s 230 seats and the IFP’s 14, it’s highly likely that she will meet the requirement. 

The committee has until Thursday to table its report to the National Assembly.

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