Day one of Public Protector interviews proved an all-sorts of voting, legality and dealing with corruption

It was advocate Oliver Josie’s “I don’t vote” that took ANC MP Mina Lesoma aback. She responded with a “whoa”. Josie’s unexpected reply was to a question on the theme of independence that ran through day one of the interviews for the post of Public Protector. 

“I always say ‘independent from what?’ Do you vote?” asked Lesoma in the wake of earlier opposition questions on independence to advocate Tommy Ntsewa. He had told MPs he was “proud” of his ANC activism that saw him detained at the age of 15 during the state of emergency, but that “my political alignment of the past should not influence my decisions today”.

Fellow ANC MP Bulelani Magwanishe picked up the voting issue, asking Josie how it would look to an ordinary person from eNgcobo if the Public Protector didn’t vote and contribute to the country.

“They should look at me as a person who is truly independent,” replied Josie, but Magwanishe retorted, “If a judge goes to vote, is he compromised?” Josie said “no” and reiterated, “It’s a constitutional right to vote, and it’s a constitutional right not to vote.”

It was a moment. 

Neither did the four interviewees satisfactorily nor correctly answer DA MP Glynnis Breytenbach’s question on what they understood to be the principle of legality. That, alongside “what’s the rule of law?” was asked of all.  

Advocate Lynn Marais and Ntsewa described the rule of law rather than legality, but caught themselves and had another go. Josie said that if people went beyond the law, that was against the principle of legality, while advocate Tseliso Thipanyane said the principle of legality was about acting within the spirit of the law and the Constitution.

The same questions on the legality principle, the rule of law and the Constitution are set to come up on Thursday, day two of the interviews when the final four candidates appear before MPs. The eight were shortlisted from 36 qualifying nominations and applications – all CVs are available on Parliament’s website.

Aside from candidates’ independence, Wednesday’s questions dealt with technical details such as budgets and performance plans, but also strategic plans and priorities for the Office of the Public Protector, accountability and more.

Dealing with corruption and maladministration was cited as necessary by all candidates, because, as Thipanyane put it, corruption was a central threat to South Africa as it diverted money that should go elsewhere, such as housing, education and health.

Boosting morale among staff at the Office of the Public Protector was another all-round response, alongside the need to ensure access to the Public Protector to give voice to those who may not have one.

No one directly criticised incumbent Public Protector Busisiwe Mkhwebane, suspended for more than a year amid an unprecedented impeachment inquiry that upheld four courts of incompetence and misconduct. The Section 194 impeachment inquiry report and recommendation now go to the House where at least two-thirds of MPs must support the impeachment for it to carry.

Read more in Daily Maverick: Changing of the guard — Public Protector set to (ignominiously) bow out while another steps in

But in response to MPs questions, Marais said Mkhwebane “did well”, given the pressures of high-profile cases, while Ntsewa said the cases since 2016 in which courts found the Public Protector had misused the law were related to “lack of exposure... lack of training”.

Wednesday’s interviews were a round-robin of questions from across the political party spectrum – and everything was fair game. Thursday’s round is unlikely to be different.

But while the parliamentarians’ range of questions covered all that’s possibly related to being a Public Protector, the politicking simmers on.

The EFF has named only current Pension Fund administrator Muvhango Lukhaimane to the shortlist of candidates, while the DA has reserved its rights and has not named anyone. It’s understood the ANC supports the current acting office holder, Deputy Public Protector Kholeka Gcaleka. 

On Tuesday, some of the politicking emerged publicly in a preparatory: EFF MP Omphile Maotwe called for Gcaleka to withdraw because of questions over her suitability. Maotwe was called out of order.

After Thursday’s round of interviews, the committee with the long name – Ad Hoc Committee to Nominate a Person for Appointment as Public Protector – must deliberate and decide on a nominee to recommend to the President for formal appointment.

At least 60% of the National Assembly must support the nominee, according to the Constitution. DM