Public Protector: Is Kholeka Gcaleka a Busi or a Thuli?

Kholeka Gcaleka yesterday took a major step towards being appointed as public protector (PP) when she was unanimously endorsed by the ANC and Inkatha Freedom Party in the parliamentary ad hoc committee.

Parliament is expected to ratify her appointment next month through a majority vote in the National Assembly.

She will replace suspended PP advocate Busisiwe Mkhwebane.

But a political analyst has warned that there is a cloud hanging over Gcaleka’s head because she presented a controversial report exonerating President Cyril Ramaphosa of wrongdoing in the Phala Phala scandal, after dollars were stolen from his Limpopo game farm in 2020.

There is a possibility she may even face an Mkhwebane-type impeachment hearing.

Independent political analyst Sandile Swana said Ramaphosa and the ANC were “walking in exactly the same footsteps as Jacob Zuma’s ANC administration walked”.

“When Mkhwebane was appointed, it became very clear that she came from the intelligence community, where Zuma came from.

“In the practise of her profession, Mkhwebane was tainted and influenced by the RET (radical economic transformation faction of the ANC) ideology, to the point that at times she made glaring legal mistakes – despite being a well-trained advocate.

“Like Mkhwebane before her, Gcaleka has emerged as the puppet of Ramaphosa – likely to become a useful idiot to the ruling party, which is headed for stormy waters because the opposition and organs of civil society will not allow things (to continue) as they are.”

He claimed Gcaleka “is going to find herself covering up so much wrongdoing in the future and in the process – just like Mkhwebane – she will soon find herself being impeached”.

“The report that she gave on Phala Phala shows how she was blinkered and failed to investigate other areas to get answers.

“She was blinkered by her appetite for this position and by whatever promises made to her by the ruling party.”

Swana said the tragedy was that Ramaphosa and the ANC were pushing for her appointment at a time when they faced losing the majority in parliament in next year’s election.

“She may get the position and the ANC may enter into a coalition to run the country, making her position more precarious than Mkhwebane’s.”

Corruption Watch executive director Karam Singh said the organisation would await parliament’s final decision on the appointment of the new PP before commenting fully.

“It remains to be seen whether parliament has taken an opportunity to re-establish trust and independence of this institution – an opportunity to press a reset button,” said Singh.

Seven MPs serving on the committee outnumbered the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) by voting in support of Gcaleka’s appointment as the new PP DA shadow minister of justice and constitutional development Glynnis Breytenbach called on parliament to “reopen the application process in order to find a candidate truly worthy of being the new public protector”.

“The current acting public protector, advocate Gcaleka, had an obvious advantage in that she is the sitting deputy and has acted in the position since the suspension of advocate Mkhwebane.

“She was further unable to shake off the baggage from her past and has not demonstrated the dynamism required during her acting stint,” said Breytenbach.

The DA did not support any of the shortlisted candidates.

Breytenbach said: “We hold the view that none of the candidates interviewed are suitable for appointment, given the enormous responsibility this position holds.

“The candidates all showed an alarming lack of basic knowledge of the legal framework in which they would be required to operate.

“We further hold the view that an appointment should not be made simply due to a lack of any better alternatives.”

The PP was “a critical Chapter 9 institution tasked with strengthening constitutional democracy in South Africa”.

EFF MP Omphile Maotwe said: “The acting PP knew she had ambitions to apply for the position and accepted to act – knowing very well she wanted to take over the post.

“Even worse, she took responsibility of overseeing the Phala Phala farm scandal, when she knew that the primary person of interest in that case was the president of the country – culminating in a favour-for-a-favour (scenario).”