Gcaleka ‘stands the best chance’, but Phala Phala ‘could be a stumbling block’

If acting public protector Kholeka Gcaleka is appointed to the top post after receiving the most nominations, she could be starting her job under a Phala Phala farm scandal cloud which is unlikely to go away any time soon.

As the National Assembly’s ad hoc committee met on Wednesday to nominate a person for appointment as public protector and received 53 nominations and 17 applications of suitable candidates for the position, Gcaleka was in the running.

ALSO READ: Kholeka Gcaleka gets most nominations for public protector position

The application cycle for the post – soon to be left vacant when incumbent advocate Busisiwe Mkhwebane’s term concludes on 14 October – opened on 12 June and closed last Friday.

Committee’s chair Cyril Xaba revealed that only 21 of the nominations met the criteria, with former South African Human Rights Commission Gauteng head Buang Jones and Pension Funds adjudicator Muvhango Lukhaimane also being nominated.

‘Important for Gcaleka to become PP’

Political analyst Goodenough Mashego said it was important for Gcaleka to become the next public protector for purposes of institutional memory.

“That is why we have been lagging behind because of lack of institutional memory. So I think it is important for her to take over.”

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Gcaleka was appointed as deputy public protector by President Cyril Ramaphosa in 2020. She took over from Kevin Malunga whose term ended in November 2019.

According to Mashego, when advocate Thuli Madonsela was the public protector, Malunga also stood the “best chance of becoming the next public protector”. He said it was only through the late objection from the State Security Agency, when they indicated Malunga was born in Zimbabwe, he was ruled out.

Although Gcaleka could potentially take up the position, he said the issue around the findings in the public protector’s report relating to the Phala Phala scandal could be a major stumbling block. The report cleared Ramaphosa of any wrongdoing over the 2020 burglary at his farm in Limpopo.

The Democratic Alliance, Economic Freedom Fighters and African Transformation Movement are taking the report on review.

Mashego said the issue of Gcaleka seemingly being close to Ramaphosa was important because she is heading an institution which was there to guard the constitution of the country.

“We cannot function in the country whereby there is adversarial relationship between Chapter 9 institutions and the executive in parliament.”

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Political analyst Prof Ntsikelelo Breakfast said the public protector was not meant for a seasoned lawyer or advocate.

“It strikes me as a political position because the process to nominate and appoint the person is political,” he said.

Interviews are set to take place between 21 and 25 August.

Where her legal journey began

Kholeka Gcaleka is not a new name in South Africa’s legal matters. Born in 1982, in Joburg, she was admitted as an advocate in November 2006. She is a legal professional with 17 years of legal advisory, senior management and public prosecutions experience.

The 41-year-old grew up in Umzimkhulu, KwaZulu-Natal, where she matriculated from Ixopo’s Little Flower High School in 1998. She studied at University of KwaZulu-Natal, and obtained her LLB degree in 2003 and a LLM degree in commercial law from the University of Johannesburg.

Gcaleka has served as a special advisor to ministers of public service and administration, home affairs and finance – focusing in administration, legal, legislation and policy development, strategy, compliance and governance.

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She has also served on the committee of inquiry probing the state of affairs of municipalities in Gauteng and on various boards. Before her appointment as the deputy public protector, Gcaleka started her career with the National Prosecuting Authority as a prosecutor in 2004, specialising in gender-based-violence and human trafficking.

Gcaleka has a strong acumen in litigation and legal advisory services to the executive, senior government officials, departments and organisations.

She is the first black female national chair of the Society of State Advocates.

– lungas@citizen.co.za. Additional reporting by Molefe Seeletsa