by Mukelani Dimba*
20 July 2016
“Omnishambles!” This is how a colleague described the beginning of the parliamentary selection process for the next public protector after the end of advocate Thuli Madonsela’s term at the end of October 2016. The ad hoc committee on the appointment of the public protector met on last week on Wednesday, 13 July 2016 to compile a shortlist from 64 nominations that had been received.
The public protector is an important constitutional body, a pillar for upholding accountability in the management of public resources. Given its centrality in upholding the constitutional order and state accountability, the process for appointment of the public protector is provided for in section 193 of the constitution. The section provides that the public protector must be a fit and proper person, a South African citizen and that the appointment must be made by the president upon recommendation by the national assembly. The constitution requires that a committee of parliament should make a recommendation and such recommendation should be approved by the national assembly before submission to the [president. Sixty percent of members of the national assembly should vote in favour of the recommended candidate before the recommendation is submitted to the president. More importantly, the constitution provides for the involvement of civil society in the process of selection of a candidate.
The constitutive law on the public protector, the Public Protector Act no 23 of 1994, does not provide granular detail on the process that must be followed on the appointment of the public protector, it is left to parliament to develop rules and procedures for the workings of the ad hoc committee and other modalities pertaining to the recruitment and selection process.
It became clear very early when the committee met on Wednesday last week that no such rules and procedures existed and that the process was headed for troublesome times. Despite her good intentions, the chairperson of the ad hoc committee, Dr. Makhosi Khoza, battled to establish a process for smooth navigation of what without a doubt will be highly contested exercise and outcome. A process should have been designed to provide for timeous distribution of application documents to all members of parliament in the committee before the shortlisting meeting commenced, the process of assessing all nominations against agreed criteria, engagement with public comments on the candidates and a determination of the type of interviews to be done.
*Mukelani Dimba has a cameo role as the director of the Open Democracy Advice Centre.