Public Protector Kholeka Gcaleka at the State Of The Nation Address (Sona) on 9 February 2023. Picture: Gallo Images/Jeffrey Abrahams
Parliament has started the process of finding a replacement for former Deputy Public Protector Kholeka Gcaleka after her appointment as the head of the Chapter 9 institution.
On Thursday, the Portfolio Committee on Justice and Correctional Services published an advertisement calling for nominations from the public, and applications from eligible candidates.
Qualifying candidates are required to submit their curriculum vitae (CV) containing, among others, their full name, ID number, relevant previous work experience and academic qualifications.
“In the case of nominations, the nomination must also contain the full name, address/email address and contact details of the person or organisation making the nomination and a signed acceptance of the nomination by the nominee,” the committee’s chairperson Bulelani Magwanishe said.
Magwanishe indicated that a list of all the nominations and applications received will be published to allow the public to comment on the suitability of candidates before the committee starts its shortlisting process.
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The shortlisted candidates will be subjected to a screening process by the State Security Agency (SSA) as previously done when Parliament looked for a new Public Protector in 2023.
The national legislature’s human resources department was also roped in to verify qualifications, while the South African Police Service (Saps) conducted background checks on the candidates’ criminal history.
The last day to submit names is 16 February.
To be eligible for the deputy public protector position, candidates must be South African citizens, deemed fit and proper to take office.
According to the Public Protector Act, a candidate must be an advocate or attorney with at least 10 years experience or be qualified for admission as an advocate or attorney with lecturing experience in law at a university for over a decade as well.
The candidate must also possess specialised knowledge or experience in the administration of justice, public administration, or public finance and has served as a member of Parliament for at least 10 years.
While the procedure for appointing the deputy public protector shares similarities with that of the public protector, notable distinctions exist.
The appointment of a deputy public protector is regulated by the Public Protector Act, in contrast to the public protector, whose appointment is outlined in both the Constitution and the Public Protector Act.
Moreover, a deputy public protector is eligible for an additional term of service, a privilege not extended to the public protector.
While it is for the Justice Portfolio Committee to determine its own processes as there are no formal guidelines, the processes followed by the relevant parliamentary committees to nominate the public protector and commissioners to the South African Human Rights Commission (SAHRC) are usually similar.
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Firstly, the committee calls for nominations followed by public participation for comment on the nominations and applications received.
The shortlisting of candidates takes place, thereafter, the screening process kicks in. Interviews are conducted, after which the committee will deliberate on the interviewed candidates.
The candidate recommended by the committee will have to be approved by the National Assembly.
The selected name will be sent to the president for appointment not exceeding seven years in office.
In November 2023, President Cyril Ramaphosa appointed Gcaleka as the fifth public protector.
She was previously acting public protector since her predecessor, Busisiwe Mkhwebane was suspended in June 2022.
Mkhwebane was impeached by the National Assembly in September 2023 after the Section 194 Committee adopted a final report on the inquiry into her fitness to hold office.
Her removal came a month prior to the end of a seven-year non-renewable term.
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