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The process to select a Public Protector has not been without flaws and the list of 14 short-listed candidates appeared to be somewhat of a B list.
However, the process so far cannot be faulted in terms of transparency. There has been nowhere to hide for the candidates or the bleary-eyed parliamentary committee tasked with selecting a replacement for Thuli Madonsela.
By posting the candidates’ CVs online, and broadcasting the interviews and subsequent heated deliberations live, the nation has been invited in.
This unprecedented inclusive process, which has now whittled down the candidates to five, helps to build trust in a nation that has become increasingly sceptical in the ability of public figures to act selflessly to safeguard the country’s interests.
It is a process that could be emulated for top posts in other chapter 9 institutions, which are the bedrock for our young constitutional democracy.
Not only is transparency vital for institutions such as the Independent Electoral Commission (IEC) and Auditor-General, it is also empowering for the public to feel involved and to scrutinise the independent institutions that are required to perform “without fear, favour or prejudice”.
Members of the public also get to form their own opinion about the strengths, weaknesses and biases of the candidates, with less chance of a surprise or panic towards selection time.
Last year, when then presidential adviser Glen Mashinini made it through to the final stages for a post as commissioner for the IEC, despite objections from opposition benches, there was a sudden public hoo-ha about his suitability, owing to his relationship with President Jacob Zuma.
I was among the sceptics who felt that his appointment could put the IEC at risk.
While Mashinini may prove to be a fine commissioner, I wrote, it was perception that counted in public office and his link to Zuma was “too close for comfort”.
Mashinini’s ties with Zuma could not go unchecked. They required interrogation, but this did not take place in a live broadcast.
An insubstantial online article that covered Mashinini’s interview with the selection panel headed by Chief Justice Mogoeng Mogoeng reported only that, when asked about this relationship, he answered:
“I am an adviser to the head of state; my role is professional and nonpolitical.”
After being appointed commissioner, Mashinini was selected chairperson amid more howls of protest. On the eve of local elections, the Economic Freedom Fighters’ Julius Malema warned him not to rig the elections.
Yet, afterwards, Malema and other critics praised the IEC for a job well done. At the closing ceremony, Mashinini did not rush to his former boss’ defence during the silent protest by brave anti-rape activists.
Mashinini has now ticked a box of suitability.
But it would have been helpful had he been challenged in a live broadcast when applying for the job. Mashinini may have then been able to answer to the public’s concerns, and to begin to win – or lose – their trust.
