SEARCHING FOR THE NEW THULI
Public protector Thuli Madonsela’s job seems to be both unenviable and hotly desired.
It’s a contradiction that stems from the fact that in the past seven years she has used the position to safeguard democracy and tackle corruption. But at the same time she has had to endure ferocious pressure from political figures of the highest rank.
There are impressive candidates on the list of those wanting to succeed her.
The parliamentary ad hoc committee tasked with appointing the next public protector recently shortlisted 14 nominees. One name will be forwarded to the national assembly.
The nominees include respected individuals such as deputy public protector Kevin Malunga, Southern Africa Litigation Centre executive director Kaajal Ramjathan-Keogh and South Gauteng high court judge Sharise Weiner.
Also on the list are Western Cape high court judge Sirajudien Desai and deputy national director of public prosecutions, Willie Hofmeyr.
David Lewis, executive director of Corruption Watch, is pleased with the variety of candidates. But he says his organisation will conduct a “deeper assessment” of their work histories and make the findings public soon.
“Not all of them would have been my choice, but that’s beside the point. They have a diverse set of work records with varying levels of experience in the various relevant fields.”
In an initial assessment of all the candidates, Corruption Watch provides an insight into the individuals chosen and highlights areas of concern. Lewis says the public should have a significant hand in deciding Madonsela’s successor.
“They have to look for unimpeachable personal conduct and a reputation for independence as well as ability and the will to listen to people. They need to look for a background in practices of law and management of institutions,” he says.
He says Corruption Watch will develop an app to allow members of the public to select their preferred candidate while the national assembly deliberates on the matter, as a “litmus test” to assess the amount of public participation in the process.
While Madonsela famously took on ANC heavyweights in 2014 with her report into the nonsecurity upgrades to President Jacob Zuma’s private home at Nkandla, some of the candidates on the list have weathered storms of their own.
Ramjathan-Keogh led the legal campaign to have Sudanese president Omar al-Bashir
THEY HAVE TO LOOK FOR UNIMPEACHABLE PERSONAL CONDUCT AND A REPUTATION FOR INDEPENDENCE AS WELL AS ABILITY AND THE WILL TO LISTEN TO PEOPLE DAVID LEWIS
arrested for war crimes under the International Criminal Court’s Rome Statute when he visited SA for an African Union summit. Government ultimately ignored the court ruling that it should detain Al-Bashir, embarrassing itself.
Under her watch, the litigation centre also took the NPA to court to force it to prosecute the killers of anti-apartheid activist Nokuthula Simelane, as “gross violations of human rights should not and cannot be swept under the rug”.
Malunga, Madonsela’s deputy, has expressed differences with her on the way in which she ran the office, especially when conducting highly politicised investigations.
But equally, he has called for corrupt political servants to be jailed, arguing that SA was becoming like other African countries where corruption is a way of life.
Another respected nominee is Professor Bongani Majola, who holds a master of law degree from Harvard, among other qualifications. He was the deputy chief prosecutor at the UN International Criminal Tribunal for Rwanda in 2003. Later, he was assistant secretary-general of the UN.
There is also pensions funds adjudicator Muvhango Lukhaimane, who cleared the backlog of complaints at the office within 15 months of being appointed by Pravin Gordhan. With an MBA from Wits Business School and a master’s degree in law from Unisa, her credentials are excellent. She also has experience in government.
Other nominees have more controversial histories. Perhaps at the top of this list is Desai, who has worn his political affiliation on his sleeve, including having chaired the ANC’s Woodstock branch.
There are also accusations dating back to 2004 that Desai raped a woman while attending a conference in India in 2004 — though these charges were later withdrawn.
Legally, however, Desai has given a number of lauded judgments, including slamming the iniquitous effect of garnishee orders, and declaring the laws which established the Hawks to be unconstitutional — a ruling largely upheld by the constitutional court.
Another nominee, Mamiki Goodman, levelled allegations of fraud against Madonsela and accused former public protector Lawrence Mushwana of sexually harassing her and other female colleagues.
Hofmeyr, though otherwise widely respected, was part of the NPA’s decision to withdraw charges against Zuma after the spy tapes emerged, which the institution argued tainted the process.
This decision paved the way for Zuma to become president in 2009.
Corruption Watch says it’s “unclear” if advocate Nonkosi Cetywayo has the necessary experience, as there’s little evidence of her professional life.
She was, however, secretary of the ANC Women’s League in Langa between 1995 and 1996.
By August, the ad hoc committee will have provided a nominee to the national assembly, after interviewing the candidates (following the local government elections). Madonsela leaves office in October.
Makhosi Khoza, chair of the ad hoc committee, told the Financial Mail that no-one could ignore the public in the process. Madonsela’s tenure had raised unprecedented awareness of the institution’s importance.
“We received about 71 nominations and almost all of them met the requirements. This shows me that South Africans are not going to sit on the sideline s and let processes unfold without them,” Khoza says.
Madonsela’s successor, he says, will have to work to restore confidence in government so that angry South Africans don’t take to the streets in violent protests when they’re upset with the leadership.
Gary Pienaar, a former staff member at the office of the public protector and researcher at the Human Sciences Research Council, says the individual who replaces Madonsela will have a very important job, “because other state institutions are not necessarily always going to work optimally”.