Acting Public Protector Kholeka Gcaleka is expected to be designated as the upcoming Public Protector, commencing her non-renewable term in mid-October 2023.
DA, EFF reserve endorsing Kholeka Gcaleka appointment as South Africa’s Public Protector
However, the announcement did not garner unanimous support, with the Democratic Alliance (DA), Economic Freedom Fighters (EFF), and Freedom Front Plus withholding their endorsement, while the African National Congress (ANC) and Inkatha Freedom Party (IFP) backed the decision.
The selection process culminated in a showdown between three final contenders: the acting incumbent, Deputy Public Protector Kholeka Gcaleka; Tseliso Thipanyane, coordinator at the Office of the Chief Justice; and Muvhango Lukhaimane, Pension Fund Administrator.
The initial elimination of Thipanyane left Gcaleka and Lukhaimane as the prominent contenders, both considered frontrunners in the lead-up to the decision.
Subsequently, Lukhaimane’s elimination ensued, primarily due to concerns stemming from her role as HR manager at the State Security Agency during the period of the parallel intelligence initiative, the Principal Agent Network (PAN) program, per Daily Maverick.
Notably, the DA expressed its non-support for Gcaleka, echoing the sentiment of Lukhaimane’s unsuitability. The party had also abstained from nominating any of the eight candidates during the shortlisting process.
During the deliberations, ANC MP Manketsi Tlhape voiced support for Gcaleka, emphasising her alignment with the qualifications and understanding of the Public Protector’s mandate.
Conversely, Freedom Front Plus MP Wouter Wessels expressed scepticism about Gcaleka’s ability to restore confidence in the role.
The ANC’s endorsement of Gcaleka, coupled with the IFP’s support, presents a potential path for her confirmation.
According to the Constitution’s section 193, at least 60% of the National Assembly must support the incoming Public Protector, equivalent to 240 out of 400 votes.
The ANC holds 230 seats, but guaranteeing the attendance of all its MPs remains uncertain. The IFP’s 14 seats could strengthen the ANC’s position, alongside the votes of smaller parties like GOOD, National Freedom Party, African Independent Congress (AIC), and Al Jama-ah.
The decision to appoint Gcaleka comes amidst the backdrop of a broader effort to restore the integrity and effectiveness of the Office of the Public Protector.
Candidates interviewed earlier had unanimously acknowledged the challenges the institution faced due to the conduct of the now-suspended Busisiwe Mkhwebane, who faces imminent impeachment proceedings for allegations of misconduct and incompetence.
