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Four of the 59 candidates who have accepted nominations for the position as the new Public Protector were, or are, ANC members of Parliament.
One of the four, Advocate Loyiso Mpumlwana, is a serving MP who serves in the portfolio committee on justice and correctional services – to which the Public Protector reports.
Although the ANC this week attempted to allay fears about the candidates’ political affiliations, some analysts expressed concern yesterday about whether such a person would have the “independent frame of mind” as required for the post of Public Protector.
The other three are:
» Dr Phillip Dexter, who was first an ANC MP and later Cope MP;
» Jonas Sibanyoni, who served in the previous parliamentary term in the justice committee as an ANC MP; and
» Tshepiso Rhampele, who according to his CV was an ANC MP from van 2004 to 2006.
Mpumlwana said he didn’t think he would struggle to be “neutral and objective”.
He practised as an advocate in the Eastern Cape for 15 years, and was nominated for the post by Contralesa and other advocates.
He said it was expected of the Public Protector to be neutral and objective, and he didn’t think it would be a problem for him. Mpumlwana referred to previous Public Protector, Lawrence Mushwana, who was also an ANC MP, and said that nobody complained about that.
Some constitutional experts however said the Public Protector Act was amended to also include MPs with 10 years experience at a time when the Office was less in the public eye. The amendment was thus never challenged.
Advocate Paul Hoffman, director of Accountability Now, said electing an MP as Public Protector could be constitutionally problematic.
“The Constitution requires a person who is independent. To appoint a deployed cadre would make the suitability of such appointment questionable. It is important that the public has confidence in this person”, said Hoffman.
David Lewis, director of Corruption Watch, didn’t want to comment on specific candidates before the organisation had gone through all the CVs.
He did say that the nomination of MPs would create “perceptions of bias and prejudice”.
“It would be very difficult for someone who represented a political party on Wednesday to convince the public on Thursday that he isn’t prejudiced or biased,” said Lewis.
Professor Dirk Kotzé, a political analyst at the University of South Africa, said that, given how the post of Public Protector had developed, it was highly unlikely that someone with political baggage would be easily appointed.
“Even though the ANC has the majority it won’t be able to just force through the decision. There must be consensus regarding the candidate, otherwise we may sit with a similar situation as the one regarding the appointment of the inspector-general. Because there are so many candidates, consensus will be more difficult to obtain.”
The post of inspector-general is still vacant after the opposition parties opposed the ANC’s recommended candidate.
There are also other candidates with some political connections to political parties.
One such candidate is Krish Naidoo, who is currently a consultant for the ANC at Luthuli House and the legal adviser of the ANC’s national disciplinary committee. He is also a founding member of the National Association of Democratic Lawyers.
Other candidates with political affiliations include Advocate Dali Mpofu – who is the national chairperson of the Economic Freedom Fighters.
* Members of the public are encouraged to study the names and CVs of the nominated candidates and send their objections or comments to vramaano@parliament.gov.za. The closing date for this is July 8.
For a full list of names, CVs and motivations, visit:
http://www.parliament.gov.za/live/content.php?Item_ID=9197
