Public protector race set to go down to the wire

‘Temperamental’ Desai, ANC’s favourite, may be dropped for more ‘palatable’ candidate

THREE contenders have emerged as the frontrunners to become the next public protector after Parliament whittled its shortlist of 14 down to five this week.

Western Cape High Court Judge Siraj Desai is strongly favoured by the ANC, which had to fend off fierce objections from the DA and, to a lesser extent, other opposition parties to get him through to the final round next week.

But the break in hostilities over Judge Desai is unlikely to last after he was accused by the DA of demonstrating political bias and lacking the temper- ament for the job.

The judge did himself no favours – as he admitted himself – by snapping at MPs asking awkward questions about the rape allegation he faced in India in 2004 and his widely publicised clashes with fellow members of the Bench.

MPs, ranging from the EFF’s Floyd Shivambu and the DA’s Phumzile van Damme to ACDP member of the justice committee Steve Swart, pointed out that the protector needed a cool head to deal with the constant criticism and political attacks, like those that characterised the term of Thuli Madonsela.

Whereas Madonsela had been gracious throughout her term, Judge Desai had “imploded” after a mere two questions, Van Damme said.

While the ANC has a big enough majority to anoint a candidate of its choice, Makhosi Khoza, the chairwoman of the ad hoc committee tasked with making the selection, expressed a wish that consensus be reached without a vote.

Khoza has done her best to keep politics out of the process, noting the need for the next public protector to enjoy the trust of the public or risk losing the power of the office to resolve complaints without aggrieved citizens resorting to protest.

Choosing Judge Desai in the face of opposition objections could damage the credibility of the process, regardless of whether he turned out not to be “anybody’s yes man”, as Amos Masondo (ANC) put it.

This would make the remaining two candidates favoured by the ANC, former provincial public protector head Busisiwe Mkhwebane, and Pension Funds Adjudica- tor Muvhango Lukhaimane, the most likely compromise candidates.

South Gauteng High Court Judge Sharise Weiner and Bongani Majola, for mer deputy chief prosecutor for the UN International Criminal Tribunal for Rwanda, were backed by opposition MPs and are unlikely to make the final cut.

Lukhaimane enjoyed the praise of legal practitioners with whom she interacted in her capacity as Pension Funds Adjudicator. She is credited with having cleared the backlog of complaints to her office within 15 months of having been appointed by Finance Minister Pravin Gordhan, according to a report by Corruption Watch.

She had a strong interview, despite having to field questions about allegedly having sold alcohol without a licence – a charge she said had been cooked up by a corrupt police officer.

Mkhwebane has the more impressive CV, however, having started as a public prosecutor, done a stint as a senior researcher at the Human Rights Commission, and served as a public protector investigator before becoming provincial head.

She later progressed to chief director in the Home Affairs Department.

She is now an analyst at the State Security Department.

Mkhwebane showed an understanding of the inner workings of government in her interview and declared herself to be “apolitical and unbiased”.

Should the ANC choose to avoid a controversy over Judge Desai, Mkhwebane seems the candidate most likely to be palatable to the opposition and the ANC, as she has had experience in the office of the public protector and considerable experience as a public servant.