Adv Kholeka Gcaleka grilled on Phala Phala saga as search for new Public Protector concludes

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Deputy Public Protector (PP) Advocate Kholeka Gcaleka faced tough questions during the Ad hoc committee’s interview with the shortlisted candidates for the position of PP.

Chairperson of the committee, Cyril Xaba, said the committee had engaged with candidates vigorously and extensively but still very respectfully over the last two days.

“It is our responsibility to fulfil our mandate and ask probing questions but at the same time to do so whilst respecting the rights of all individuals.”

Muvhango Lukhaimane, Johannah Ledwaba, Prof Boitumelo Mmusinyane and Adv Kholeka Gcaleka were the last four candidates interviewed on Thursday.

Lukhaimane, pension funds adjudicator, said in her interview she is aware the position requires the candidate to act without fear or favour.

She went on to say that intelligence services should not be excluded from investigations by the office of the Public Protector South Africa (PPSA).

Her own background in the intelligence services was questioned by some members as well as the recruitment of undercover agents while she was heading its human resources.

“I have knowledge of that today, and I was not required to have knowledge of that at the time,” she responded.

Johannah Ledwaba, a magistrate who worked her way up from a cleaner, said she thinks the public does not have enough awareness of the office of the PPSA. Later in her interview she indicated she is passionate to dispense justice and that she wanted “to be a voice of the voiceless.”

Prof Mmusinyane told the committee in his introduction that: “I cannot succumb to any political pressure.”

He further stated that section 195 of the constitution sets out that the public service must be governed by the highest ethical standards. He questioned the bailing out of state owned entities, as it does not deliver basic services. 

“There needs to be accountability measures in place,” said Prof Mmusinyane. Adding that he would push for amendments to the public protector act, so that certain investigations should be charged to departments, like SIU does, to mitigate the PPSA’s financial constraints. 

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Adv Gcaleka, the current deputy PP and also acting PP, was the last of the candidates and said in response to a question on how the trust in the office can be restored, that all the PPSA reports must be reports of integrity.

Gcaleka said she had to take charge and lead during a huge crisis at PPSA but assured the committee that “things have changed” since. 

Questioned on her reference in the Phala Phala matter to a private transaction. She said the South African Reserve Bank found that the sale had not been concluded and it therefore fell outside of the mandate of the PPSA.

Xaba said; “I am confident that with the eight candidates interviewed, the committee would be in a position to recommend the strongest possible candidate for the position.”

The committee will meet on Tuesday to deliberate and recommend a candidate for appointment.