The Mercury

Public protector candidates receive grilling

- Siyabonga Mkhwanazi and Lebogang Seale

FROM alleged corruption, rape to reckless driving to altercatio­n with a superior and negligent and unprofessi­onal conduct. These were just some of the skeletons that haunted candidates to replace Thuli Madonsela as public protector, when they were interviewe­d in Parliament yesterday.

They were forced to declare their past conduct when grilled about their integrity and credential­s, in what was an indication that Madonsela’s resilience in the face of persistent attacks from politician­s during her term has made her shoes difficult to fill.

Some candidates appeared to stumble through their responses while others seemed impressive, judging from public responses.

Judge Seraj Desai of the Western Cape High Court appeared agitated when quizzed about a rape accusation he had faced, whether his “hot head” would interfere with his duties, and his potential bias, should he be appointed.

The rape question related to an incident in 2004, when South African Aids activist Salome Isaacs claimed he raped her in his hotel room while they were attending the World Social Forum in Mumbai. She withdrew the charge and a Mumbai court found the evidence was baseless.

Judge Desai said he was neither acquitted nor convicted and the charge was withdrawn under oath. “I have never been a popular judge with the judges of the old order. And a judge came up with the story that I lied. That was a lie…” he said.

Willie Hofmeyr of the National Prosecutin­g Authority faced tough questions about his integrity, after he filed an affidavit in the litigation by the DA against the NPA in a case involving President Jacob Zuma. “I am happy to provide a fuller explanatio­n and the relevant affidavits, should the committee request this,” he said, also declaring allegation­s of corruption against him and numerous arrests for illegal gatherings and protests.

Judge Sharise Weiner also faced a gruelling questions. Advocate Mhlaliseni Mthembu said he was suspended from practising as an attorney for nine months in 1989 because of negligent and unprofessi­onal conduct. That was after failing to reply to correspond­ence on time, failure to pay fines and other misconduct.

Candidate Jill Oliphant was charged with negligent and reckless driving in 2010. She was not convicted.

However, the next public protector’s appointmen­t could be scuppered after the EFF threatened Parliament’s ad hoc committee on the selection of the candidate, with legal action over processes followed.

Shivambu accused the ANC of steam-rolling the process and warned of a looming legal action. But committee chairwoman Makhosi Khoza said the process was fair and all parties were involved in all stages.

The EFF’s sticking point was that not all candidates could be interviewe­d on the same day. The DA also cautioned against the interviewi­ng process, saying it was not desirable to get all the 14 candidates on the same day.

Khoza said decisions were taken on July 13 that the interviews would be conducted in the National Assembly yesterday. At the time there was no objection from any party and Khoza was surprised to be ambushed yesterday and told the process was unfair.

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