President Ramaphosa appoints advocate Gcaleka as public protector

Acting Public Protector advocate Kholeka Gcaleka. Picture: Public Protector/Facebook

Acting Public Protector advocate Kholeka Gcaleka. Picture: Public Protector/Facebook

Published Nov 1, 2023

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President Cyril Ramaphosa has appointed advocate Kholeka Gcaleka as public protector in place of ousted Busisiwe Mkhwebane.

Mkhwebane was booted out after her year-long suspension following her probe into Phala Phala Farm scandal involving Ramaphosa.

Her term of office ended abruptly in October following her impeachment by Parliament in September.

In a statement on Wednesday, Ramaphosa’s spokesperson Vincent Magwenya said Ramaphosa had appointed Gcaleka as part of the recent recommendations of the National Assembly.

“The President, has in terms of section 193(4) of Constitution of the Republic of South Africa and on the recommendation of the National Assembly, appointed Advocate Nompilo Kholeka Gcaleka as Public Protector of the Republic of South Africa for a non-renewable term of seven years with effect from 1 November 2023.

“The President wishes Advocate Gcaleka well in her position and trusts that she will serve the people of South Africa with honour and dedication,” Magwenya said.

In September following the section 194 inquiry, the National Assembly voted in support of Gcaleka’s appointment, with 244 MPs (61%) in favour.

Gcaleka, who was appointed deputy public protector in January 2020, had been acting public protector since Mkhwebane’s suspension in June 2022.

At the end of July this year, the Committee for the Section 194 Inquiry into Mkhwebane’s fitness to hold office finalised its deliberations which informed its draft report and found that evidence against Mkhwebane warranted charges of misconduct and incompetence against her.

At the time, committee chairperson Qubudile Dyantyi had said a draft report that captured the deliberations would be served for adoption by the committee before it was sent to Mkhwebane for her written input.

“We will provide the PP with a final ‘audi’ before adopting a final report that will be sent to the National Assembly,” said Dyantyi.

Last month, Parliament, at a physical plenary sitting, recommended that Ramaphosa appoint Gcaleka as the next public protector.

Gcaleka’s rise to the hot seat has been challenged by opposition political parties such as the DA and the EFF.

The DA called for the process to appoint the new public protector to be reopened after Gcaleka was recommended by the National Assembly to take over from Mkhwebane.

“Today, the National Assembly voted to recommend Adv. Kholeka Gcaleka as the next public protector. While unfit for the Office, she will now be tasked with defending our Constitutional Democracy for the next 7 years. Her previous public positions and actions have raised red flags that should not be ignored,” the DA said last month.

The Star

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