By Lehlohonolo Lehana.
The National Assembly (NA) voted in favour of the appointment of Advocate Kholeka Gcaleka as the new Public Protector, with the required 60% vote threshold.
There were 244 votes in favour of her being the new Public Protector. No members of the DA, EFF, UDM, ATM, COPE or PAC took part in the vote. The UDM, COPE and PAC were absent.
The vote took place at a special sitting of the National Assembly in the Cape Town City Hall.
The DA caucus walked out early on as the party disagreed with a ruling by National Assembly speaker Nosiviwe Mapisa-Nqakula, which resulted in DA MP Glynnis Breytenbach being chased out of the house.
Breytenbach opposed Gcaleka’s nomination and cited a number of reasons why she should not be appointed. She insinuated that Gcaleka, who formerly worked at the National Prosecuting Authority (NPA), and former NPA boss Menzi Simelane were more than just friends or colleagues. She suggested that Gcaleka was rapidly promoted in the NPA due to her relationship with Simelane.
“Her cosy relationship, some say intimate relationship, with her boss, the rather odious Simelane, led to speedy promotions and her very vocal and active support of his role in the capture of the NPA,” said Breytenbach.
ANC MP Bheki Radebe objected, citing a rule which bars MPs from reflecting on the competence or integrity of a holder of a public office like a Chapter 9 institution and whose removal from office is dependent upon a decision of the house.
Human settlements minister Mmamoloko Kubayi, also rising on a point of order, said Breytenbach was insinuating that Gcaleka’s rise in her job had been due to her giving sexual favours.
“In this country, in this day, with what we have gone through, we cannot allow this, we can’t allow to have such an insinuation in the house — also given what we have gone through as women in this country, “said Kubayi.
The speaker upheld their objections and ordered Breytenbach to withdraw her comments. She refused and was then instructed to leave the house.
Gcaleka’s appointment follows her nomination by an ad hoc committee set up for this purpose, where her nomination was stringently opposed by the DA, EFF, ATM and Freedom Front Plus. The ANC and IFP, however, supported her nomination.
She has been acting in the position since last year after the suspension and later dismissal of former public protector Busisiwe Mkhwebane.
President Cyril Ramaphosa now must appoint Gcaleka as Public Protector.
During Gcaleka’s time as acting Public Protector, the office released a report clearing Ramaphosa of wrongdoing in the Phala Phala matter, which proved to be a source of the opposition parties’ objection to her appointment.
Gcaleka started her career as a prosecutor at the National Prosecuting Authority and later became an advisor for Malusi Gigaba while he was minister of home affairs.
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Video Courtesy of Parliament.