Who will be the next Public Protector?

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The shortlist of Public Protector candidates has been announced by Parliament, with eight candidates deemed to meet the minimum requirements. Advocate Kholeka Gcaleka, who is currently acting Public Protector, has a Bachelor of Laws (LL.B) degree from the University of KwaZulu-Natal, a Masters in Cyber Security Governance, and a Masters in Laws (LL.M) degree from the University of Johannesburg. She has previously worked as a state advocate and Senior Deputy Director for the National Prosecuting Authority.

Gcaleka has previously worked as a state advocate and Senior Deputy Director for the National Prosecuting Authority. She has served as a special advisor to several ANC executive ministers in both the Zuma and Ramaphosa administrations. In 2011, Gcaleka was appointed as the state prosecutor in the high-profile murder case against Richard Mdluli, which raised controversy due to her previous prosecution experience in the case against Glenn Agliotti. In 2017, a witness in the Richard Mdluli case alleged that Advocate Gcaleka had tried to coerce him into implicating Mdluli as a guilty party and that the recording of the meeting between the witness and the advocate was tampered with by the prosecution team.

In 2017, when Malusi Gigaba was appointed as the Minister of Finance, Gcaleka was appointed as his legal advisor, a controversial appointment due to her 2010 support for the restructuring of the criminal justice system. Senior treasury officials stated that the Treasury had been "captured," citing documents that should have been seen by Mogajane first being sent to then-Gigaba's advisors, including Gcaleka.

The Ad Hoc Committee is currently evaluating candidates for the position of Public Protector. The committee has identified several candidates, including Advocate Oliver Josie, Magistrate Johannah Ledwaba, Muvhango Lukhaimane, Advocate Lynn Marais, Professor Boitumelo Mmusinyane, Advocate Tommy Ntsewa, Advocate Tseliso Thipanyane, and Advocate Tseliso Thipanyane.

Oliver Josie has resigned from his position as chief operating officer of the Department of Trade, Industry, and Competition's Competition Tribunal and currently serves as a chairperson on the Department of Water and Sanitation's Audit and Risk Committee. Josie has a Bachelor of Politics, an LL.B, and B.Proc. degrees from the University of South Africa, as well as Masters degrees in Law and Business Leadership from the University of South Africa. He meets the basic requirements for the position of Public Protector, as he has previously worked in executive-level legal positions within the NPA, SAPS, Standard Bank Group, City of Cape Town, and Department of Economic Development.

Magistrate Johannah Ledwaba is a magistrate with a Bachelor of Laws and B.Iuris degrees from Vista University and additional legal training at the Pretoria Law School. She has worked primarily as a prosecutor and state advocate for the NPA, most recently with the Asset Forfeiture Unit.

Muvhango Lukhaimane is an acting judge at the Gauteng High Court and has occupied the position of Pension Funds Adjudicator since 2013. Lukhaimane meets the basic requirements for the position of Public Protector, considering her experience in public administration. However, concerns have been raised in 2016 regarding her time in intelligence services.

Advocate Tseliso Thipanyane is a self-employed advocate with expertise in corporate governance, personal injury, contract, labour, corporate, mining, criminal, family, constitutional, and administrative law. He has held senior positions in Chapter 9 bodies, such as the South African Human Rights Commission and the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities.

The committee's findings will be presented to the National Assembly by 31 August 2023. The selection process for the Public Protector will involve a two-week screening from 1 to 18 August, with interviews conducted and the committee's findings presented to the National Assembly by 31 August 2023.


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