The Chairperson released the list of 73 nominees and applicants at a media briefing. Of these, 59 have accepted their nominations (see their CVs below).
The Chairperson said the Ad hoc Committee established to nominate a person for the appointment of Public Protector placed adverts in newspapers calling upon members of the public to nominate suitable candidates for appointment as Public Protector. The nomination process opened on 3 June and closed on 24 June 2016. The Committee received a total of 73 nominations and applications.
Seven candidates, including Ms Graca Machel, Adv Gerrie Nel and former Finance Minister Mr Nhlanhla Nene, are among those who declined their nominations. There were other verbal nominations, such as the former President Thabo Mbeki, former Deputy Chief Justice Moseneke, Advocate Dumisa Ntsebeza. These nominations were not formally sent to the Committee and they have been subsequently declined. Other candidates were unreachable to confirm their nomination by end of business, Monday 27 June 2016 and these nominees will be removed from the list.
Taking into account the above information, the Committee can safely say that it has 59 candidates to be considered for short-listing.
The Committee is very impressed with the calibre of nominees and applicants, received and says this is an indication that South Africans thoroughly applied their minds in putting forward their nominees. The Committee is also pleased with the high number of women that have been nominated or applied. There are about more than 20 females on the list.
The names and CVs of candidates can be accessed via Parliament’s website and social media platforms. When you click on a person’s name, you will be taken to a candidate’s CV. Members of the public are thus encouraged to scrutinise these names and CVs and send their comments or objections to: email@example.com, for the attention of Mr Vhonani Ramaano. The deadline for comments or objections is Friday, 8 July 2016.
Candidates will receive a questionnaire to complete and return it to the Committee. The information obtained from questionnaires will be used as supplementary information in order to assist the Committee with short-listing and interviewing. Questionnaires will be sent to candidates from tomorrow, 29 June and are expected to be returned to the Committee by no later than Friday, 08 July 2016.
Once more, we want to appeal to people who will be making comments and objections to disclose their identity in order to authenticate their submissions. It should also be borne in mind that, objections against a nominee or applicant will not be automatically used to eliminate a particular candidate. The Committee will follow due process in validating such objections.
Once the comments and objections process is closed, the Committee will commence with the short-listing process, the details of which will be communicated in due time. Interviews are still schedule to take place after the August 2106 Local Government Elections.
The list of candidates arranged in alphabetical order of surnames and is as follows:
- Mr Bernard Peter Agulhas
- Adv Rhulani Ralph Baloyi
- Ms Melanie Bernard (Fryer) (not contactable)
- Professor NarniaBohler-Muller
- Mr Vincent James Botto
- Adv Nonkosi Princess Cetywayo
- Mr Raymond Edward Chalom
- Prof Pierre de Vos
- Judge Sirajudien Desai
- Mr Phillip Dexter
- Adv Pumeza Futshane
- Adv Andrea Gabriel SC (not contactable)
- Ms Nombonisa Gasa (nomination declined)
- Adv Mathys Johannes Gildenhuys
- Adv MT Goodman (nee’ Shai)
- Ms Pregs Govender (nomination declined)
- Adv Mojankunyane Gumbi (not contactable)
- Prof Alexander Mzamo Gumbi
- Adv Mark Andrew Hawyes
- Mr Nick Haysom
- Adv William Andrew Hofmeyr
- Adv Zarina Kellerman (nee’ Prasadh)
- Adv KB Kgoroeadira
- Mr Ashook Kirpal
- Mr Burt Silverston Laing
- Ms Muvhango Lukhaimane
- Mrs Graca Simbine Machel (nomination declined)
- Adv Zwelethu Madasa (not contactable)
- Adv. Thuli Madonsela (term not renewable)
- Mr Prince Sefako Mafojane
- Mr Zola Majavu(nomination declined)
- Adv Mohale Joseph Maluleke
- Adv Kevin Sifiso Malunga
- Ms Lynnette Gail Marais
- Ms Busisiwe Mkhwebane
- Mr Vickqus Nkosikhona Mncube
- AdvHishaam Mohamed
- Mrs M Mohlala-Mulaudzi
- Justice Yvonne Mokgoro (nominated declined)
- Adv Chris Madibeng Mokoditwa
- Mr Ronnie Samuel Mokoena
- Mr Thokwane Phineas Post Moloto
- Mr Tjitlo Monaledi
- Ms Audrey Mpofu
- Adv Dali Mpofu SC
- Adv Loyiso Khanyisa Bunye Mpumlwana
- Mrs M Mthebule
- Adv MM Mthembu
- Mr Themba Phillip Mthethwa
- Adv Philani Pilatu Sydney Mthethwa
- Ms Janine Kim Myburgh
- Mr Krish Naidoo
- Adv. Gerrie Nel (nomination declined)
- Mr. Nhlanhla Nene (nomination declined)
- Mr Malcolm John Sphiwe Nhleko
- Ms Sophy Moipone Noko
- Ms Vuyokazi Pamella Noncembu
- Ms Nokuthula Sincercia Nwaoshai
- Mr Mthuthuzeki Moshesh Nyiki
- Mrs Jill Claudelle Oliphant
- Adv Vusi Pikoli (nomination declined)
- Ms Kaajal Ramjathan-Keogh
- Mr Tshepiso David Humphrey Ramphele
- Riaz Achmed Saloojee
- Mr Jonas Ben Sibanyoni
- Mr Boiki-John Tamako
- Ms. Bawinile May Thabethe (nomination declined)
- Adv Tseliso Thipanyane
- Adv Randal Titus
- Mr Khunoana Harry Tswago
- Mr Vuyisa Vuza
- Mr Hermanus Lambertus Waldicks
- Justice Sharise Weiner
The Committee wants to assure South Africans that it has taken a constitutionally sound decision of making this process as transparent as possible. It must also be noted that it was and remains the Committee’s undertaking to publicise any engagement that has to do with processes. The Committee undertook this, way before those calls were rightfully made by the citizens and the NGO sector. The Committee, therefore, wants to thank the continuous interest and support shown in this critical process.
[Questions and answers to follow shortly]
Question and Answers:
Journalist: Seeing that 7 nominees have been declined, how many do you think would be considered?
Dr Makhosi Khoza: We have received the nominations. We considered those that were inviting. Some of the nominations were not accompanied by CVs. These nominees were contacted to submit their CVs. Others could not be reached, and their names had to fall off. The Committee is going to be left with 60 people.
Journalist: Is there anyone who has been contacted at Luthuli House regarding the preferential candidate?
Dr Makhosi Khoza: No one has been contacted at Luthuli House on this matter. I have consistently briefed the Whip about the process. I have not lobbied and it will stay that way.
Journalist: Is the Parliament website going to be a sufficient platform for publishing the names of the candidates?
Dr Makhosi Khoza: The media, especially print, should assist us to ensure the names are out there. Make sure the names are known. Yes, the names are going to be on Parliament’s website and social media. We have communicated with some community radio stations regarding the matter.
Journalist: Is 8th July 2016 the deadline for publishing the comments and objections?
Dr Makhosi Khoza: Yes, it is the closing date for comments from the public and for nominees to submit their questionnaires. The short-listing process will take place after that. Remember, this a multi-party process and the Chairperson can not solely decide who is going to be short-listed and how the interview process is going to be conducted.
Journalist: Are the nominees going to be vetted?
Dr Makhosi Khoza: I have always been clear about the transparency of the process. The only sticky issue is the personal details of the nominees. We have tried to have the ID numbers of the nominees checked for verifying their qualifications and to make sure the nominated are subjected to public scrutiny. Mr Ramaanao has been asked to furnish the public with the ID numbers of the nominees in order to verify information. The Committee will be making its own vetting and is going to work with other institutions to make sure the information given by the nominees is accurate. The state security will do the vetting as well.
Journalist: How many nominees are going to remain in the pool now?
Dr Makhosi Khoza: The list has got 59 people.
Journalist: Does the Public Protector need to have a legal qualification?
Dr Makhosi Khoza: The first, second, and third Public Protectors were legal practitioners. We are not excluding those who do not have legal qualifications. But you need to have a legal qualification because no one is going to help you to interpret the laws. The legal qualifications will be used in the elimination process.
Journalist: Can you comment on how tricky the task is for you when looking at the current public Protector and the mandate of the office? Is this difficult seeing you’d be dealing with people’s concerns?
Dr Makhosi Khoza: This is not an easy process. Assumptions have been made already that the new Public Protector is going to be a puppet. To ensure we are not going to find a puppet, this person who is going to be appointed must use her/his moral campus, and the person has to decide how she/he is going to deal with this position. This person has to serve the public.
Journalist: Do the 59 people on the list have legal qualifications? Are there other people on the list who come from other professions?
Dr Makhosi Khoza: Most of the applicants have got legal qualifications. They appear in the hierarchical order. You find a judge, an advocate, and so on. There is emphasis that is placed on the legal qualifications. But there are other skills that are required in this position. For instance, communication is the key thing to managing stakeholders. Investigative experience is something the Committee has to consider. We are guided by the Public Protector Act of 1994. People have to meet the minimum requirements. 90% of the nominees meet the legal qualification.
Journalist: What do you want the public to say when they are making objections and comments?
Dr Makhosi Khoza: The public should raise any comments, objections or issues the Committee has to take into account when it is doing its work. People must disclose their identity to make sure the Committee is not dealing with faceless people. An objection, it must be remembered, does not lead to disqualification, but it has to be valid.
Journalist: Were you not part of the meeting in the office of the Deputy Minister of Justice and Constitutional Development regarding this process?
Dr Makhosi Khoza: I have not seen him since I wasappointed as the Chairperson of the Committee. I’m not a push-over. I have to make sure I oversee the process. The NA has to make a decision. That person has to get 60% of the votes from the NA, and the name would be given to the President. I’ll make myself available for the interviews.
Journalist: By when can we expect the short-listing to come out and what is the number of people expected?
Dr Makhosi Khoza: As a Chairperson I have to submit my own report to the Committee. The Committee will then decide on the recommendations. The Committee has not worked out the criteria that will be used. The special Committee meeting will be convened so that Members can decide on the way-forward. It’s difficult to tell about the number of short-listed candidates. That will be decided by the Committee, and this process is going to happen after the August elections. The date for short-listing will be communicated once the special Ad Hoc Committee meeting takes place.
Journalist: Has Judge Desai made it to the list?
Dr Makhosi Khoza: He has been nominated. He is one of the 59 on the list.
The media briefing was adourned.
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