By Lehlohonolo Lehana.
Public Protector, Adv Busisiwe Mkhwebane, has withdrawn her Chief Justice nomination.
Mkhwebane joins Wallace Mgoqi who withdrew at the beginning of October.
She said has withdrawn from the race for the chief justice position because she wants to finish her term as the Public Protector.
“My focus is here at the Public Protector South Africa, where I am left with two years now in office to finish what I started, which is taking the services of this noble institution to the backyards of grassroots communities,” she said.
“From the bottom of my heart, I wish to thank all those who nominated me and those who threw their proverbial weight behind the nomination. I am truly humbled by your gesture. Words cannot express how indebted I am to you for your unfailing support.”
Mkhwebane also explained the work of the Public Protector.
“If you read Section 165 and 181 of the Constitution, they are phrased in virtually the same terms, which means the same respect accorded to the judiciary should be extended to Chapter 9 institutions – not just the Public Protector.”
She also said that while courts adjudicate and judges study the facts of the matter, identify the applicable law and apply the law to the facts, the Public Protector is an investigatory body that establishes the facts.
On Friday, the Presidency confirmed in a statement that she withdrew her nomination on Wednesday.
This leaves six candidates in the running for Chief Justice Mogoeng Mogoeng’s role.
He has been in the role for 10 years and retired this month.
The nominees that President Cyril Ramaphosa will now consider for the position are:
Judge President John Hlophe
Justice Mbuyiseli Madlanga
President of the Supreme Court of Appeal Mandisa Maya
Judge President Dunstan Mlambo
Advocate Alan Nelson, SC
Deputy Chief Justice Raymond Zondo.
In a first for the country, Ramaphosa in September invited the public to nominate people to fill the position of Chief Justice.
The panel for the evaluation of public nominations was chaired by Judge Navi Pillay and he submitted his report to Ramaphosa on Thursday.
Ramaphosa will now choose which nominee to refer to the Judicial Service Commission and the leaders of political parties represented in the National Assembly, spokesperson Tyrone Seale said.