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- Kholeka Gcaleka received the most nominations to become the new Public Protector.
- There are 38 candidates, including advocate Ike Khumalo, who was accused of instigation after the July 2021 riots.
- The candidates' CVs are available for public comment.
Acting Public Protector Kholeka Gcaleka is in the running to fill the position permanently after she was nominated by 17 people.
The National Assembly's Ad Hoc Committee to Nominate a Person for Appointment as Public Protector was presented with 53 nominations and 17 applications to fill the post to be left vacant when incumbent Busisiwe Mkhwebane's term of office expires on 14 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. The advocate who represented her at the parliamentary inquiry for her removal, Dali Mpofu SC, is also on this list.
After Mkhwebane was suspended by President Cyril Ramaphosa in June last year, Gcaleka, who is the Deputy Public Protector, has been acting in her stead.
It appears that the people on this list may not even know that they have been nominated. The DA's Glynnis Breytenbach, who serves on the committee, was nominated by two people, but told the committee she didn't know she was nominated.
READ | SSA to screen candidates to succeed former employee Mkhwebane as Public Protector
The chairperson of the committee, the ANC's Cyril Xaba, said the onus was on the people nominating to inform the people they wanted to nominate whether they accepted the nomination.
Also on this list are several judges, including Chief Justice Raymond Zondo and Gauteng Judge President Dunstan Mlambo, and a number of high-profile advocates, like Tembeka Ngcukaitobi, Kate Hofmeyr, Muzi Sikhakhane and Michelle le Roux. Former Public Protector Thuli Madonsela was also on the list.
The committee decided to discard these nominations, with the EFF's objection.
It left the committee with 38 candidates, who cleared the first hurdle of the sifting process.
Joining Gcaleka on this list is advocate Ike Khumalo, who was arrested and charged with incitement after the July 2021 riots. It appears the charges have since been dropped. Among his clients is Operation Dudula leader Nhlanhla Dlamini.
He applied for the job, but was also nominated by Fezile Dyele.
Also nominated is former attorney Buang Jones, formerly of the South African Human Rights Commission. He was interviewed for Deputy Public Protector in 2019, as was former Eastern Cape sports, arts and culture MEC advocate Sonwabile Mancotywa, who is now nominated for Public Protector.
The redacted CVs of the 38 candidates are published on Parliament's website for public comment until 21 July.
The committee agreed that the comments should test the suitability of the candidate, based on the requirements prescribed in legislation, and whether they were fit and proper to hold such a position.
On 26 July, the committee will decide how many and which candidates are shortlisted for interviews.
READ | Section 194 inquiry may conclude earlier due to Mkhwebane ignoring deadlines
As part of the selection process, all shortlisted candidates will be subjected to processes such as suitability screening, reference checks and qualification verification. They will also be expected to complete a questionnaire.
The interviews will take place between 21 and 25 August, whereafter the committee will deliberate on a suitable candidate to present to the National Assembly.
The support of 60% of the National Assembly is required for the candidate to be appointed by the president.
This could potentially be a stumbling block for Gcaleka, should she be nominated. Several opposition parties – notably the DA, EFF and ATM – took a dim view of her report on Phala Phala, which exonerated Ramaphosa.
In 2016, the DA was the only party that voted against Mkhwebane's nomination, while Cope abstained.
