Friday is the deadline for the public to submit to Parliament their nominations of suitable candidates for the position of Public Protector.
The position will become vacant on the 15th of October, when the seven-year term of the currently suspended Public Protector, Busisiwe Mkhwebane, comes to an end.
Parliament has set up an Ad Hoc Committee to process the nominations.
Nominations and applications for new Public Protector open until 7th July: Cyril Xaba
The office of the Public Protector is expected to protect ordinary people and investigate maladministration and abuse of power in state affairs. From its inception, the office has probed and contributed to the investigation of important post-apartheid scandals from the government’s handling of the Arms Deal, Nkandla, paving the way for the State Capture Commission to Phala Phala.
Former Public Protector, Lawrence Mushwana, was criticised for his handling of the Arms Deal investigation. His critics accused him of white-washing the Arms Deal in the same way the acting Public Protector, Kholeka Gcaleka has been criticised by the opposition of protecting President Cyril Ramaphosa in the Phala Phala saga.
But, Thuli Madonsela received praise for her investigation, which recommended a Commission of Inquiry into State Capture. It was also during her tenure that the remedial action of the Public Protector was given teeth by the Constitutional Court when it ruled that the Public Protector’s remedial action was legally binding unless set aside by a court of law.
The tenure of Madonsela’s successor, Busisiwe Mkhwebane, was however, been dogged by controversy which culminated into her being hauled before a parliamentary inquiry.
Mkhwebane given deadline to respond to inquiry questions:
Executive Secretary at the Council for the Advancement of the South African Constitution, Lawson Naidoo, reflects on the Office of the PP since democracy.
“This was a new office post democracy. The first two PPs set the ground and established the infrastructure for the office. What happened during the tenure of Madonsela was during State Capture and investigated many cases linked to that, and the State Capture Inquiry being the final part of the work she did, which enabled the office to get higher profile. But also most cases go unnoticed because it deals with the complaints by ordinary people about maladministration in the state, that is really the heart of the work in this office.”
Evolution of PP office
The Office of the Public Protector has greatly evolved since 1995 to being a main driver of accountability, says political analyst, Ralph Mathekga.
“There were no expectations far back, that office will function in a way it is expected of today. Today the public has clear expectations as to what they want out of the office and the potential office and also whether the office led by people who are focused, who sides with the vulnerable in South Africa. We have seen what is possible from that office, in making sure that the vulnerable get justice.”
Director at Accountability Now, Paul Hoffman hopes Parliament will consider the experience of nominees.
“With looming deadline for PP position that the ad hoc committee tasked with sifting the applications will pay greater attention to nature and quality of the experience of the lawyers who have put their names forward for appointment.”
The committee is expected to shortlist the nominees and the public will then be invited for comment on the candidates before they are interviewed in public to ensure transparency. The successful candidate must have the support of 60% of MPs in the National Assembly.
