/ 11 August 2016

Public protector interviews are under way and few stones have been left unturned

Investigative journalist Paulie Van Wyk takes a look at how the former Public Protector has saved SA from President Zuma.
Investigative journalist Paulie Van Wyk takes a look at how the former Public Protector has saved SA from President Zuma.

They’re already running at least one hour behind schedule, pushing the midnight closing for public protector interviews back to at least 1am. So far, the MPs are bringing out the tough questions in the interviews for Thuli Madonsela’s successor.

Four public protector candidates shortlisted for the job have completed their interviews, but there are still 10 more to go. It’s set to be a gruelling day in Parliament’s Old Assembly Building, but already the interview process has been revealing.

Judge Siraj Desai of the Western Cape High Court sat before a panel of MPs on the ad hoc committee established to find the next public protector. He was questioned about the “Mumbai incident”, where in 2004 he was accused of rape in Mumbai, India by a South African HIV activist. The charges were withdrawn, but the accusation has lingered.

Desai was accused of lying by saying he had consensual sex with the accuser after he initially denied it. The judge, however, said that there had been media sensationalism and inaccurate reporting at the time which led to false information being spread.

“It’s an absolute lie to suggest I changed my version. The press gave a great deal of speculation but I never gave any version. I was acting on legal advice right from the beginning,” Desai said.

Speculation has surfaced that the judge is the ANC’s top choice for the public protector office, leading to concern from some opposition parties. The judge spent time emphasising the importance of independence in the public protector office, saying it must be independent from “government and the ruling class”, as well as opposition parties.

The judge also spoke at length about his own history as an activist who, during apartheid, defended many who were active in the struggle. Afriforum complained about Desai acting for Umkhonto we Sizwe, but Desai brushed the complaint aside, saying he was proud of defending other activists.

“Let me tell Afriforum that I did not only act for Umkhonto we Sizwe, I acted also for Mbokodo. Throughout my life I acted for the Pan Africanist Congress and the South African Students’Organisation in its predecessor forms. I acted for my own political organisation in the unity movement and I acted for the United Democratic Front,” he said.

“I never acted for anybody who was part of the stooge system of that time. If I’ve sinned for defending Umkhonto we Sizwe, I plead guilty to that sin.”

Prior to Desai, one of the first questions advocate Chris Madibeng Mokoditwa had to answer was about his age. The advocate was shaking as he handed documents supporting his bid to become the next public protector over to the panel. It might have been nerves, but also a sign of his age. He is 77 years old. The public protector term lasts for 7 years.

In response to Dr Makhosi Khoza’s (the chair of the ad hoc committee) question on his age, Mokoditwa came up with a strong answer.

“I’m fit and I am a bodybuilder. I have said it in my CV,” Mokoditwa said confidently.

Advocate Michael Mthembu, a judge in the Electoral Court, was first to be questioned this morning with Judge Sharise Weiner following suit. The interviews of all candidates are scheduled to conclude today. Madonsela will vacate the public protector office in October.