The Portfolio Committee on Justice and Correctional Services has decided to cancel interviews for the position of deputy public protector following allegations of conflict of interest involving EFF MP Busisiwe Mkhwebane.
This move comes amidst a cloud of controversy surrounding Mkhwebane’s connections with two of the shortlisted candidates.
New processes to be endorsed
The National Assembly will now be tasked with endorsing a new process to select a deputy public protector. This after the initial process was stalled due to the conflict of interest allegations.
“The Committee understands that there is very little time before the Sixth Parliament rises ahead of the general election. But given the circumstances set out in this report, recommends that the House resolve to begin the process to nominate a candidate for appointment as Deputy Public Protector afresh.
New rules recommended
“The Committee also recommends that consideration be given to developing the rules to compel a member to withdraw from a matter. This in the event that] the facts support the reasonable apprehension of bias. And any other appropriate measures that may be required to prevent such a situation arising in future,” reads the committee’s final report on the matter.
The decision to redo the process was made after the justice committee failed to reach a resolution on Tuesday. This following concerns raised over Mkhwebane’s involvement.
During Wednesday’s deliberations, the committee discussed its report, outlining why the previous process collapsed.
Mkhwebane refused to recuse herself
It was revealed that Mkhwebane had connections with two of the candidates – Sekgame Shadrack Tebeile and Ponatshego Mogaladi. Mkhwebane refused to recuse herself despite the conflict of interest allegations.
Mogaladi, an employee of the Public Protector’s office, was previously involved in a legal dispute with Mkhwebane, while Tebeile currently represents Mkhwebane in a court case related to her impeachment on a pro bono basis.
Despite calls for her recusal, Mkhwebane maintained her position, prompting the committee to seek legal opinion on the matter.
Parliament’s legal adviser highlighted that there was a reasonable apprehension of bias due to Mkhwebane’s connections with the candidates.
However, Mkhwebane disagreed with this assessment. She argued that the candidates themselves had not raised objections about her participation in the interviews.
DA concerned with process amid issues raised
The DA expressed dissatisfaction with the committee’s decision to proceed with the interviews despite the conflict of interest concerns raised. DA MP Glynnis Breytenbach criticised the majority decision to continue with the process. She emphasised that it would inevitably lead to a flawed outcome.
“If the DA’s advice had been followed and Ms Mkhwebane had recused herself, the interviews would have been fairly conducted. However, this was not the case. And Parliament has now wasted taxpayers’ funds in holding interviews. This despite warning that they would be flawed.
“This issue has meant that there will be further delays in the appointment of the DPP as the process will have to start afresh. All the potential candidates have been inconvenienced. A poor example has been set. And it must now be corrected, at a cost, by restarting the process,” she said.
