By Lehlohonolo Lehana.
The parliamentary ad hoc committee to nominate a person to be appointed as the new public protector met before the interviews of potential candidates.
The new public protector will take over from Busisiwe Mkhwebane, whose term ends in October.
Mkhwebane was nominated by four people, but she was among those whose nominations didn’t comply with the committee’s processes or whose nominations were not accepted.
After Mkhwebane was suspended by President Cyril Ramaphosa in June last year, Kholeka Gcaleka, who is the Deputy Public Protector, has been acting in her stead.
Gcaleka was nominated by 17 people and has accepted the nomination to take over on the role on permanent basis.
The eight shortlisted candidates are: Gcaleka, Advocate Oliver Josie, Magistrate Johannah Ledwaba, Muvhango Lukhaimane, Advocate Lynn Marais, Professor Boitumelo Mmusinyane, Advocate Tommy Ntsewa and Advocate Tseliso Thipanyane.
The committee had set aside two weeks for the screening of the candidates from August 1 and 18.
It is expected to make its recommendation on its preferred candidate by August 31 to the National Assembly.
The successful candidate will be appointed by Ramaphosa for a non-renewable seven-year term when his or her nomination is supported by 60% of members in the National Assembly.
Meanwhile the National Assembly is expected to consider Mkhwebane’s impeachment following the Section 194 committee’s decision to adopt its final report.
The committee met on Tuesday to consider and adopt the report on the impeachment inquiry proceedings into Mkhwebane’s fitness to hold office.
Monday was the deadline for Mkhwebane, who was found guilty on all four charges of misconduct and incompetence, to respond to the committee’s draft report after she was given 10 days to do so.
Providing an update on Tuesday, parliamentary legal advisor Fatima Ebrahim told the committee that a process to look for new attorneys took place between 14 and 20 August, with Motsoeneng Bill Attorneys Inc being appointed.
Ebrahim said the new attorneys wrote to the committee on Sunday, saying they would meet with Mkhwebane within 72 hours and no later than 23 August.
She pointed out that the law firm also asked for Mkhwebane’s deadline to fall away as it would take them “a couple of weeks” to catch up on the inquiry proceedings.
“In short, that letter is indicating that they intended to brief counsel, but would require time to familiarise themselves with the record and to get some direction from counsel as to the way forward and that way forward may or may not be comments on the draft report,” she explained.
Before deliberating on the correspondence, Section 194 Committee chairperson Qubudile Dyantyi indicated that Mkhwebane has not sent any submissions on their draft report.
African National Congress (ANC) MP Bheki Nkosi said it was Mkhwebane’s responsibility to brief legal representation.
Nkosi warned that another postponement would impact the committee’s processes and its obligation to the National Assembly if they acceded to Mkhwebane’s request.
ANC deputy chief whip Doris Dlakude said she was of the view that the committee must adopt the report and take it to the National Assembly.
Freedom Front Plus (FF+) MP Heloise Denner supported the adoption of the final report, but Economic Freedom Fighters (EFF) MP Omphile Maotwe and African Transformation Movement (ATM) MP Thandiswa Marawu pleaded for the committee to give Mkhwebane more time.
Following a briefing break, the committee, in its majority, adopted the final report and agreed to recommend Mkhwebane’s removal to the National Assembly.
A two-thirds majority will be required for MPs to remove Mkhwebane as the public protector, with her term in office set to end in October.
Watch Live in the video below:
Video Courtesy of Parliament.
