Phuti Mosomane
Parliament has agreed to recommend Advocate Kholeka Gcaleka as the new Public Protector of South Africa to replace Busisiwe Mkhwebane who was fired a few weeks ago.
Gcaleka received 244 votes from those in favour while those who opposed her recommendation were only 12 while the DA chose to stage a walkout.
This number, however, gave the ANC the 60% threshold required with the support of several smaller parties including the IFP, NFP, and the Good Party.
The DA walked out of the National Assembly because of what it said was Speaker Nosiviwe Mapisa-Nqakula’s inability to apply the rules fairly to all members and citing Section 193 (4).
The official opposition party accused Nqakula’s of failure to “correctly interpret the rules of the House, and thus stifling the necessary debate and scrutiny afforded to all members during this crucial vote to elect a senior Chapter 9 Institution office-bearer, DA Chief Whip Siviwe Gwarube said.
Gwarube contended that in the Speaker’s incorrect interpretation and application of Rule 88, she suppressed dissenting voices from the opposition and unjustly removed Glynnis Breytenbach from the House (relying on the incorrect rule) preventing her from fulfilling her constitutional obligation to interrogate the candidate up for election.
As a candidate and not a sitting office bearer of the Office of the Public Protector, Gcaleka is not protected by Rule 88 for the purposes of Wednesday’s debate, and the Speaker’s incorrect application of the rule marred this crucial vote and collapsed the sitting, Gwarube said.
When multiple points of order were raised, pointing out the misapplication of Rule 88, the Speaker was accused of suppressing the opposition which undermined the constitutional right of all members to appoint a suitable candidate for Public Protector.
Gwarube said this behaviour by the Speaker is in contravention of Rule 26 (4) of the National Assembly which stipulates that the Speaker must act fairly and impartially, and apply the rules with due regard, to ensure the participation of members of all parties in a manner consistent with democracy.
“We note the appointment of Adv Kholeka Gcaleka by 244 Members of the House. While we oppose this appointment, we will continue to hold the Public Protector to account and ensure that this office serves the people of South Africa diligently”.
The EFF MP Mzwanele Manyi told the National Assembly during the debate that his party does not support Gcaleka’s appointment.
“It’s quite a disgraceful honourable speaker that we are sitting here today contemplating appointing a liar, a manipulator and unethical person, the EFF rejects this with contempt,” he said.
The PAC and ATM rejected the appointment of Gcaleka.
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