Political parties are crossing their fingers that the second round of the search for the new deputy public protector will proceed without concerns of bias or conflict of interest.
On Friday, the justice and constitutional development portfolio committee called for applications and nominations for the position.
Parliament decided in May to start afresh the process of finding a replacement for advocate Kholeka Gcaleka, who was appointed as the public protector late last year.
Legal advice revealed that EFF MP Busisiwe Mkhwebane failed to disclose her relationship with two of the previous deputy public protector candidates and did not recuse herself during their interviews.
Committee chairperson Xola Nqola on Monday said they were safeguarding the search for a new deputy public protector by developing a declaration form to be signed by the committee members.
“We take the view that we will have a list of the candidates and then call on members whether they have any declarations to make. We are safeguarding what happened in the last Parliament,” Nqola said.
He said the cancellation of the previous process was a lesson for Parliament.
“There might be a potential conflict of interest. Where the relation is too close, a member must recuse him or herself,” said Nqola, emphasising that the outcome remains uncertain until the applications are reviewed.
“We can’t pre-empt and say what relations will be. We will definitely have a way forward depending on the closeness of a member to an applicant,” he added.
ACDP’s Steve Swart expressed hope that conflicted members would refrain from participating in the interviews.
“This process must not be found to be wanting. It is a pity that the process was not completed in the last Parliament,” Swart said.
Although her party has ideas how the process should be handled, Freedom Front Plus’s Heloise Denner was uncomfortable to state their ideas until the committee met. “It should not be compromised in any way,” she said.
According to the advertisement for the position, applications and nominations must be received by no later than October 11.
The prospective candidate must be a South African citizen and “a fit and proper person to hold such office”.
The officebearer must meet the following criteria:
– Have served as a judge for at least 10 years, or have practised as an admitted advocate or attorney and be qualified to be admitted as such.
– Have experience in lecturing law at a university.
– Possess specialised knowledge or experience in justice administration, public administration, or public finance, or have served as a Member of Parliament (MP) for 10 years.
The new deputy public protector will be appointed by President Cyril Ramaphosa on the recommendation of the National Assembly for a period he may determine at the time of appointment, but must not exceed seven years.
The successful candidate, who will earn a R2 031 835 annual salary, may be reappointed for one additional term at the end of his/her term.
Cape Times