Public Protector: No requirement for security clearance
12 August 2016
The interviews for the Public Protector have given rise to serious concerns, says the Open Democracy Advice Centre (ODAC). The requirements for the Public Protector position do not contain any requirement that the incoming applicant or incumbent should obtain security clearance to any particular level. This is the case in both the Public Protector Act and the Constitution. However, during the proceedings of the ad hoc committee on the appointment of the Public Protector, a letter was discussed by the committee, apparently sent to parliament by the Sate Security Agency. In the letter it states:
"It should be noted that although Mr. Malunga is a South African citizen he does not meet the security requirements required for the post applied for. This post requires security clearance to the level TOP SECRET. At this stage Mr. KS. Malunga only qualifies for a security clearance to the level of CONFIDENTIAL".
We understand the implication to be that only a person born in South Africa qualifies to have a TOP SECRET clearance. Mr Malunga was born in Zimbabwe.
We note that Mr Malunga has been acting as Public Protector on more than 30 occasions, and is the deputy public protector currently. He has presumably had sight of all relevant documents, and is privy to all relevant conversations in the public protector's office. If he has no clearance, and this is necessary, which we think it is not, then why has he been allowed to continue in his position? If he needs clearance, why is this only being drawn to the attention of parliament now?
The Committee, in our view, cannot consider a requirement for the position which is outside the law, ultra vires and has not been made known to all applicants and the public prior to opening of applications for the position. We ask the committee to consider this before proceeding.