By Johnathan Paoli
Public Protector Kholeka Gcaleka has formally recused herself from any involvement in a complaint concerning the appointment, remuneration and benefits of Parliament’s Secretary, Xolile George, after acknowledging that she may reasonably be perceived to have a conflict of interest.
Gcaleka’s recusal is contained in a letter to the DA, written in response to correspondence from chief whip George Michalakis, who raised concerns about an alleged romantic relationship between the Public Protector and George.
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“I have recused myself from any involvement in the handling of the complaint or in any decisions arising from it. The Public Protector’s functions under the Act and the Constitution will in respect of this matter be performed by the Deputy Public Protector, Adv D Dube, in accordance with the provisions of section 2A(6) of the Act,” she said.
Gcaleka said that in line with section 3(14) and (15) of the Public Protector Act, she immediately disclosed to the Chief Operations Officer and to the Head of Legal Services, that she may reasonably be perceived to have a conflict between her private interests and her official duties in this matter.
The complaint was lodged by the DA earlier this month and relates to George’s salary increase of more than 88% since his appointment in 2022, as well as alleged misappropriation of funds linked to the 2023 BRICS Parliamentary Forum held at Emperor’s Palace.
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“The exact nature of the relationship between Mr George and the Public Protector is none of my concern. However, it is clearly of such a nature that the Public Protector saw it fit to recuse herself based on her ‘private interests’ in the matter related to him,” Michalakis said in a statement on Monday.
He asked whether George should make a declaration to the Speaker and the Chairperson of the National Council of Provinces, declaring the same possible conflict of interest.
Michalakis said this was a critical issue because the Public Protector heads a Chapter 9 institution that may in future be required to investigate Parliament itself.
The DA also wrote to President Cyril Ramaphosa, requesting that he authorise a Special Investigating Unit probe into George’s appointment and salary progression.
In its letter, the party said George was appointed on a five-year contract in 2022 with an annual salary of R2.6 million, which was later increased to R4.4 million within six months.
In response to the DA’s enquiry, National Assembly Speaker Thoko Didiza wouldn’t confirm if George made any disclosure, saying the matter “falls within the responsibility of the Office of the Public Protector”.
Michalakis rejected that position, saying the effect of such a conflict would have an impact on the secretary’s work as much as it would on the public protector.
Parliament spokesperson Moloto Mothapo defended Parliament’s stance, saying it would not entertain personal slander, speculation or reflections directed at officials, particularly where such commentary descends into intrusion on private personal relationships.
Mothapo added that there is no law or regulatory framework that requires officials to disclose personal relationships and that attempts to demand such disclosures fall outside the scope of legitimate public accountability.
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He said allegations concerning the secretary were already subject to “an established and due committee-led oversight process”, adding that the process is the appropriate forum through which any substantive matters must be “ventilated and considered”.
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