Process to select Mkhwebane’s successor underway

  • The ad hoc committee selecting Public Protector Busisiwe Mkhwebane‘s successor adopted a programme and advertisement calling for nominations.
  • Mkhwebane‘s term of office ends on 14 October.
  • The committee will interview candidates between 21 and 24 August and recommend a candidate by 31 August.

Parliament is getting into gear to appoint a successor for Public Protector Busisiwe Mkhwebane, as the committee appointed for this task adopted a programme and advertisement to call for candidates on Thursday.

According to the programme, which was adopted as a “living document”, meaning it can still change if necessary, the advertisement will go out from 12 June until 7 July.

The consolidation of the information and screening of CVs, and the publication of the CVs for public comment will take place from 10 to 21 July.

The shortlisting process will take place between 24 and 28 July.

The committee will decide on how many candidates will be shortlisted depending on the CVs they receive.

The committee will interview candidates between 21 and 24 August, before deliberating and recommending a candidate by 31 August.

READ | Parliament starts moving towards choosing Mkhwebane’s successor

The candidate recommended by the committee will have to be approved by at least 60% of the National Assembly before President Cyril Ramaphosa can appoint them.

According to the Public Protector Act, the Public Protector must be a South African citizen “who is a fit and proper person to hold such office”, and who is one of the following:

  • Judge of a High Court.
  • An admitted advocate or an attorney who has, for a cumulative period of at least 10 years after having been so admitted, practised as an advocate or an attorney.
  • Is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university.
  • Has specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance.
  • Has, for a cumulative period of at least 10 years, been a Member of Parliament.
  • Has acquired any combination of experience mentioned above for a cumulative period of at least 10 years.

The committee, chaired by ANC MP Cyril Xaba, will work through the National Assembly’s constituency period from 18 June to 31 August, just like the Section 194 Committee, which is conducting an inquiry into incumbent Public Protector Busisiwe Mkhwebane’s fitness for office.

Some members, like ANC MPs Qubudile Dyantyi, Jane Mananiso and Manketsi Tlhape, and the DA’s Mimmy Gondwe, serve on both committees.

Dyantyi is also the chairperson of the Section 194 Committee, which is set to resume hearing Mkhwebane’s testimony on Friday.

Her term of office ends on 14 October.

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