By Lehlohonolo Lehana.
Parliament has announced it’s plans to start the process of finding a replacement for suspended Public Protector Busisiwe Mkhwebane as her term is set to end in October this year.
House chairperson Cedric Frolick, also known as the chair of chairs, informed the NAPC that the Chief Whips Forum had met on Wednesday to discuss the process for the selection of a new Public Protector.
Two proposals are on the table: an ad hoc committee consisting of 11 members, or an ad hoc committee consisting of 11 voting members and 14 non-voting members.
He said the whips had asked to discuss it with their party leaders, and report back by 25 May.He said by then it should be clear which road to follow, as a resolution would have to be put to the House.
“Why are we saying that it is urgent? We are also saying it is urgent because the committee will have to be established after the House agrees to it. It must elect the chairperson, it must look at the programme, and it must [place] the advert that must go out. And that in itself takes time, for the advert and for the applications to be received,” said Frolick.
“And thereafter, the process will kick in of going through all the applications, looking at the shortlisting and the vetting process, and also then the interviews that must take place. And we must also leave sufficient time for the new identified candidate to then be involved in a handover process so that there is a seamless transfer of authority in that office from the one incumbent to the other incumbent.”
According to the Public Protector Act, the Public Protector must be a South African citizen “who is a fit and proper person to hold such office”, and who is one of the following:
- a judge of a High Court; or
- an admitted advocate or an attorney who has, for a cumulative period of at least 10 years after having been so admitted, practised as an advocate or an attorney; or
- is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university; or
- has specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance; or
- has, for a cumulative period of at least 10 years, been a member of Parliament; or
- has acquired any combination of experience mentioned above for a cumulative period of at least 10 years.
Parliament has limited time to select the new Public Protector before October. It will be on an extended “constituency period” from 18 June to 31 August.
Meanwhile the Public Protector’s office will be dipping into its savings to fund the final leg of Mkhwebane’s ongoing defence against her impeachment.
But Acting Public Protector Kholeka Gcaleka on Wednesday told Parliament’s justice portfolio committee that this amount would be capped at R4 million.
Mkhwebane’s parliamentary impeachment inquiry stalled after nine months at the end of March, when the budget ran out.
Mkhwebane’s legal bills for her impeachment inquiry was originally estimated at R4.5 million.
But Gcaleka told parliament that the bill had reached R30 million.
The Public Protector’s office will now use a budget surplus from the 2021/22 financial year to allow the inquiry to conclude.
Gcaleka said that Mkhwebane, Speaker Nosiviwe Mapisa-Nqakula and Section 194 inquiry chairperson, Richard Dyantyi, had all been informed that this was the end of line.
“This is the last amount available. In the current budget, we do not have any amount really to allocate for these legal fees because we have our own operations to run, which have stagnated because of the money that we have made provision for.”
Gcaleka said that the office would be closely scrutinising outstanding invoices in the interest of good governance.