MPs approve Kholeka Gcaleka’s appointment as public protector

The National Assembly has voted in support of advocate Kholeka Gcaleka’s appointment as the new public protector.

Gcaleka needed 240 votes (60%) and 244 MPs (61%) voted in support of her appointment.

Only 12 were against.

For ANC MP Richard Dyantyi, the public protector South Africa is one of the pillars of the constitution because it facilitates interaction between ordinary people to resolve injustices from the exercise of government authority. This instils in ordinary people confidence in the state.

We believe the candidate recommended to this house is most appropriate to fulfil this responsibility and bring back the pride that the people of South Africa had in the office of the public protector

—  Richard Dyantyi, ANC MP 

“We believe the candidate recommended to this house is most appropriate to fulfil this responsibility and bring back the pride that the people of South Africa had in the office of the public protector,” said Dyantyi.

Gcaleka was the most prepared and demonstrated confidence and qualities that displayed she was able to be independent and apply the law to the facts, he said.

Gcaleka, who was appointed deputy public protector in January 2020, has been acting public protector since Busisiwe Mkhwebane’s suspension in June 2022.

“She has introduced creative measures to improve the functioning of the office of the public protector, among other things, improving the case management of the office, reintroducing a culture of debate and learning in the institution and improving the synergy and collegial relationship between the employees of the office, the institution, and the public protector,” said Dyantyi.

This will restore the dignity of the office and uphold its independence and strengthen its ability to contribute constructively to SA’s developing constitutional democracy, he said.

“This is the calibre of candidate that we are told to forgo by the opposition for no other reason except for political reasons.”

Dyantyi said some MPs objected to Gcaleka because they had wanted her to make findings or do her work in a manner that suited their political narratives. He accused DA MP Glynnis Breytenbach of being unable to mask a personal gripe against Gcaleka, which he said stemmed from their tenure at the National Prosecuting Authority (NPA).

“She could not hide her bias in the interviews, she proceeded to raise the exact same questions she raised when we interviewed Gcaleka for the position of deputy public protector in 2019 and objected to the exact same reasons that she objected to in 2019.”

Earlier in the debate, Breytenbach was thrown out of the house after she insinuated that Gcaleka had a “cosy, sometimes intimate relationship” with former NPA boss Menzi Simelane, which she said led to her getting rapid promotions in the NPA.

Tackling the EFF, Dyantyi said the party’s objections were mainly about whether the candidate was more pliable, to enable them to exert influence and control of the office of the public protector to fight political differences, as they did with Mkhwebane.

Expressing his party’s support for Gcaleka, the IFP’s Inkosi Mzamo Buthelezi said she demonstrated a strong leadership character, a deep knowledge and understanding of the ins and outs of the office she sought to occupy.

“Not only did she demonstrate her knowledge of the office but also the socioeconomic challenges our country faces,” he said.

“Those who followed the interviews closely would agree with the IFP that advocate Gcaleka remained the ‘last candidate standing’ of an elimination process from 36 candidates who were nominated and applied.”

He said the party’s support for Gcaleka was not a partisan decision but a reflection of its dedication to the democratic ideals upon which the nation was founded.

Given that she has had free reign over the office and has had the assistance of some very experienced staff members, it is not enough to persuade us that she is ready to take on the top job

—  Glynnis Breytenbach, DA MP 

Before she was thrown out of the house, Breytenbach opposed Gcaleka’s nomination, saying that she meets the minimum educational requirements was the only positive thing about her in her quest to be public protector.

“It cannot, in all honesty, be said that Ms Gcaleka has been the most effective and efficient deputy public protector, nor can it be said that she has been a perfect stand-in. In fairness, she did walk into a deeply troubled and dysfunctional office and has gone some way in correcting the office set up and improving performance,” she said.

“Given that she has had free reign over the office and has had the assistance of some very experienced staff members, it is not enough to persuade us that she is ready to take on the top job.”

Breytenbach also cited Gcaleka’s role in the NPA, her support for Simelane, and her role as former home affairs minister Malusi Gigaba’s legal adviser as reasons she wasn’t fit for the office. These are the same reasons she put forward when she opposed her appointment as deputy public protector in 2019.

The EFF’s Mzwanele Manyi, who was also thrown out, for referring to ANC MPs as thugs, also spoke against Gcaleka’s nomination.

He said individuals appointed to lead the institution have to be of impeccable moral and professional character and their knowledge of the law blameless, commitment to social justice without a stain, and they must demonstrate an unflinching commitment to the truth, regardless of who will be inconvenienced by their findings.

Like the DA, Manyi said none of the interviewed candidates ticked the boxes for a public protector.

Gcaleka should never have accepted the acting public protector position, he said. “To make matters worse, she went and accepted the responsibility to oversee an investigation on the Phala Phala scandal surrounding Mr Ramaphosa. She was aware that had she made an adverse finding against this person, she was not going to be considered for the position of the public protector by the ANC’s majority-dominated caucus,” he said.

Manyi reiterated a view previously expressed by the EFF that Gcaleka had whitewashed the investigation into the Phala Phala saga and absolved Ramaphosa “from perhaps the biggest criminal scandal faced by a president since 1994”.

“She is not an honest person, and we don’t say this lightly,” he added.

The president appoints the public protector on the recommendation of the National Assembly. Gcaleka’s candidacy was supported by the ANC, IFP, GOOD, National Freedom Party, African Independent Congress and Al-Jamah, while the DA, EFF, FF Plus, African Christian Democratic Party and ATM opposed her candidacy.

While the DA and EFF participated in the debate and expressed their opposition to Gcaleka’s appointment, they did not participate in the voting as their members walked out after disagreeing with the speaker’s rulings.

The ANC’s Cyril Xaba, who chaired the ad hoc committee that conducted the recruitment of the new public protector, described Gcaleka as “outstanding”.

“You may have your issues with her, but don’t take away that she demonstrated a clear vision for the job and is a capable and competent woman,” he said.

“We must avoid subjecting a person to a court of public opinion, parading innuendos and sustaining false allegations. Those who repeat untested allegations lack courage and resolve to have them tested in a court of law. They want her to operate under a cloud. The intention is to intimidate her. She is decisive and does not succumb to pressure.”