Advocate Busisiwe Mkhwebane will need 60% of the vote from members of the National Assembly before she can be appointed as public protector.
After a few weeks of deliberation and some banter between MPs in the ad hoc committee tasked with appointing Thuli Madonsela’s successor, advocate Busisiwe Mkhwebane has been named as the candidate who will stand before the National Assembly.
On Wednesday, there was robust discussion between MPs regarding each of the five shortlisted candidates. Mkhwebane is the director of the Country Information and Cooperation Management Unit of the home affairs department. The Democratic Alliance (DA) was the only party to raise an eyebrow at Mkhwebane’s nomination after EFF leader Julius Malema hinted that she might be the ANC’s choice candidate.
“I tweeted she was one of the good people until I received a tipoff that she was a Zuma candidate,” Malema said.
But the EFF leader supported her nomination, saying “she’s the closest we have to Thuli Madonsela”.
There was unanimous agreement that Mkhwebane was best suited for the position, with MPs complimenting her interview and communication skills as well as her composure during her interview for the candidates shortlisting last week.
“She is very brave and young, but experienced and she has worked for that office before,” said the National Freedom Party’s Sibusiso Mncwabe
Mkhwebane worked in the public protector office from 1999 to 2005 as a senior investigator and acting provincial representative. She was also a senior researcher for the South African Human Rights Commission and has worked in the department of justice. She has also worked extensively with issues related to refugees and asylum seekers, as a result of specialising in immigration law during her time as an advocate of the high court.
The other four candidates on the shortlist were dropped quickly after the deliberation process. Judge Sherise Weiner was dismissed, even though the DA’s Glynnis Breytenbach initially responded positively to her interview, saying she was “by far” the most superior candidate as a result of her experience as a judge and the number of judgments she’s made.
Judge Siraj Desai was also unanimously dropped from the list in the end. ANC MPs argued in favour of Desai’s years on the bench and his landmark ruling on garnishee orders as a victory for the poor, while other parties questioned his temperament. Malema said Desai should not be considered because he did not give his opinion on the anti-rape protest at the IEC results ceremony and he felt a woman should take the position to help implement transformation.
Muvhango Lukhaimane was also quickly dropped, although the committee noted that she could be a potential future candidate, while professor Bongani Majola had some support, but not enough to get an advantage over Mkhwebane.
The ad hoc committee has until August 31 to submit Mkhwebane’s name to the National Assembly. Mkhwebane must receive 60% of the vote from members of the National Assembly before she can be appointed public protector. Madonsela’s term will end in October.