New public protector Kholeka Gcaleka dare not disappoint us
Parliament’s endorsement this week of adv Kholeka Gcaleka as the next public protector should give that office an opportunity to mend its public image, which has been dented by controversies surrounding the previous incumbent. Before that, the national legislature had taken the unprecedented step, after a public impeachment process, of voting to remove Busisiwe Mkhwebane from the position. Mkhwebane’s term, especially in the later years, had drawn attention to her suitability, or otherwise, to hold that office as opposed to any landmark findings that reinforced the constitutional role of the public protector to hold public office bearers to account, and to protect the rights of citizens against powerful officials or politicians.
In our adversarial political environment, it is perhaps not unexpected that political parties and other partisan groups should from time to time criticise the public protector, especially when that office’s findings go against their wishes. Recent events also showed how the office could become a target for political pointscoring among parties, including, of late, in the selection of the new public protector.
But general unease about Mkhwebane was, in the main, related to her professional suitability for the job.
This was especially so in light of repeated court judgments which questioned her grasp of the law she was supposed to apply.
In the event, Mkhwebane left office with the dubious reputation of being the first public protector whose tenure ended with impeachment. Her ignominious departure, after she was investigated for incompetence and misconduct, would have done much to damage the image of the office she held. This quite apart from her costly, interminable and often unedifying fight to hold on to her position.
In addition, the haste with which she leapt into the political arena by joining a political party, the EFF, will serve only to reinforce long-lingering suspicions in some quarters that she harboured her own political agenda, unrelated to her day job. Ironically, the EFF, which she now calls her “political home”, was previously among her fiercest critics.
Because of its important role as one of the institutions that underpin our democracy, it is imperative that the image of the public protector’s office, and public confidence in the incumbent, are protected and promoted. The office must not only be politically neutral, but has to be seen by the public to be so.
While it may seem to be a tall ask, political parties too, while holding the office of the public protector to account, as they should, must reflect on how they do it and whether their actions enhance the image of the institution or undermine it. They are obliged to show the maturity to resist the temptation to use the office as a political football.
As shown by events in parliament this week, in which some politicians sought to cast aspersions on her character, Gcaleka, who has been acting in the role since Mkhwebane’s suspension, will assume her new position not entirely without a whiff of controversy especially among detractors of her findings in the Phala Phala scandal, which exonerated President Cyril Ramaphosa.
Having already acted in the position, Gcaleka must be keenly aware of the challenges that await her. Given her office’s role in the fight against corruption, abuse of power and misgovernance, she is certain to cross swords with powerful forces in society. She will, therefore, need a steely resolve to meet the challenges ahead.
In a country where the better life promised by the constitution has yet to materialise, those whose rights are being violated every day will look up to Gcaleka to intervene positively on their behalf.
She dare not disappoint them
Having already acted in the position, Gcaleka must be keenly aware of the challenges that await her