Further delays to Gcaleka’s appointment, while Hlophe’s impeachment back on the cards

Advocate Kholeka Gcaleka’s appointment as the new Public Protector has been postponed again owing to challenges with securing a venue for the physical sitting.

Parliament was initially scheduled to debate and vote on Gcaleka’s appointment on 11 September, but was moved due to former Public Protector Busisiwe Mkhwebane’s impeachment.

No hybrid sitting

While the matter was deferred to a later date, another hurdle has since been encountered.

“The [Cape Town] City Hall is not available for the 21st of September and of course, we are exploring other possibilities in terms of venues,” Secretary to the National Assembly, Masibulele Xaso told MPs during the Programming Committee’s meeting on Thursday.

Xaso also indicated some MPs would not be available on the same day due to other parliamentary commitments.

“A total of plus-minus 22 members will not be with us,” National Assembly Speaker Nosiviwe Mapisa-Nqakula said.

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

African National Congress (ANC) MP Hope Papo proposed a postponement.

“I think it will be fair to do it on another date and not disadvantage other members,” Papo said.

Democratic Alliance (DA) chief whip Siviwe Gwarube shared the same sentiments and highlighted the need for a physical sitting.

“[The vote] requires a special majority of 60% of people in the House. I don’t think it is sufficient enough to simply do it in a hybrid sitting,” she said.

Watch the meeting below:

Gwarube suggested the vote take place before 14 October, which would have been Mkhwebane’s official last day in office.

“I think it’s just going to seem tardy to say we couldn’t make this decision because of a venue,” the DA MP added.

Mapisa-Nqakula said a new date will be communicated as soon as a suitable venue was found.

Gcaleka, who has been Acting Public Protector since June last year, was identified as the suitable candidate to lead the Chapter 9 institution by Parliament’s ad hoc committee last month.

Her appointment was backed by the ANC and Inkatha Freedom Party (IFP).

New Public Protector vote

Meanwhile, Parliament is looking revive the impeachment process of Western Cape Judge President John Hlophe.

Some significant time has passed since the Judicial Service Commission (JSC) found Hlophe guilty of gross misconduct in 2021.

The matter had been referred to the Portfolio Committee on Justice and Correctional Services, but could not proceed in the wake of court proceedings initiated by Hlophe, who was suspended in December 2022.

The committee is now expected to go ahead with the judge’s impeachment process as there was no legal impediment to the National Assembly considering the matter.

“Because there is no legal impediment to the matter being proceeded with, we advise the justice committee to proceed with this issue,” Xaso said.

READ MORE: John Hlophe misconduct saga several years from reaching a conclusion

Xaso told MPs the committee must determine its own programme.

Furthermore, house chairperson of committees Cedric Frolick said he was “quite sure it won’t be a long, drawn-out process”.

“It’s not a full blown process that will start a fresh,” Frolick said.

The recommendation for Hlophe’s removal came after the JSC found the judge had acted improperly when he attempted to sway two Constitutional Court (ConCourt) justices in favour of former president Jacob Zuma.

The JSC’s decision was based on the Judicial Conduct Tribunal’s findings.