POLITRICKING | Mkhwebane: Gcaleka not experienced enough to ...

In this week's 'Politricking with Tshidi Madia', we speak to suspended Public Protector Busisiwe Mkhwebane about her deputy Kholeka Gcaleka, legal woes, last week’s failed bid to return to office, criticism from Fikile Mbalula, and her future plans.

FILE: Suspended Public Protector Busisiwe Mkhwebane on 13 June 2023 released supposed audio clips about alleged R600,000 bribery attempt by ANC members of Parliament and the chairperson of the Section 194 Parliamentary inquiry into her fitness to hold office. Picture: Jacques Nelles/Eyewitness News

Outgoing suspended Public Protector Advocate Busisiwe Mkhwebane says her deputy should not have accepted nominations to become her successor.

She says Advocate Kholeka Gcaleka should have given herself more time to understand the Chapter 9 Institution, instead of attempting to lead it.

Gcaleka received the most nominations to become South Africa’s next Public Protector. This as Mkhwebane serves the remaining months of her term outside of her office due to a suspension and a Section 194 inquiry into her fitness to hold office.

Mkhwebane features on this week’s Politricking with Tshidi Madia, a politics podcast by Eyewitness News.

In it, she discusses her deputy’s ambitions, her own endless legal woes, last week’s failed bid to return to office, criticism from African National Congress (ANC) secretary-general Fikile Mbalula, and her future plans.

“She should give herself more time, because she’s never worked in that office in the past like I did, and I think she still needs to understand the mandate of the Public Protector more than dealing with the Public Protector’s office as if it’s a court of law,” she says.

Mkhwebane takes a jab at Gcaleka over her recent report into President Cyril Ramaphosa’s conduct following the burglary at his Phala Phala farm in Limpopo, saying if she understood the Chapter 9 office better, she would not define paid work in such a rigid manner.

Gcaleka absolved Ramaphosa of any wrongdoing, declaring there was nothing to substantiate the claim that he undertook paid work while serving as the country’s head of state.

The controversial Public Protector also draws in Deputy Chief Justice Mandisa Maya in her criticism, saying the two women are making decisions based on their ambitions to take on more senior roles in their respective offices.

Maya penned last week’s unanimous judgement rejecting a high court order for Mkhwebane’s suspension to be lifted, which would have seen her spending the little time she has left back in her office.

Ramaphosa has already placed Maya in line to replace current Chief Justice Raymond Zondo, who’s fast approaching retirement.

“It means you are marketing yourself; it says you are captured, and I am not going to deliver any judgement against you,” says Mkhwebane.

“[They are] the same example, because they still want to prove themselves, to get the permanent appointment in these particular positions, so they have a lot to lose if they don’t toe the line,” she adds.

The controversial Public Protector, who was joined by her husband throughout the interview, also takes a dim view of the ANC’s Fikile Mbalula, accusing him of coming after her over previous investigations she’s conducted against him.

In 2018, she found he had, during his tenure as minister of arts, culture and sports, violated the Constitution when he entered into a loan agreement with sporting goods company, Sedgars Sport, for it to cover the costs for him and his family’s 2016 Dubai Christmas trip.

In 2021, when he was serving as minister of transport, she found him guilty of appointing and paying millions to three advisors without the approval of the minister of public service and administration.

“He’s angry about that report,” she says.

“I issued the report as it is. He said he would take it on review - he never did,” she continues.

Mkhwebane again takes a jab at Mbalula, this time aimed at the ANC’s renewal project, asking how he was appointed to Cabinet following her first damning findings against him.

She claims before she was suspended, she was demanding a nolle prosequi certificate from the National Prosecuting Authority, so she could seek private prosecution against the ANC secretary-general over the two matters.

Her husband, David Skosana, who publicly referred to Mbalula as a moron, has also warned against what he terms continued attacks on his wife.

“What upsets me about Fikile is that, instead of addressing comrades about the ANC, he is invoking the name of the Public Protector, for whatever reasons… because he’s upset about those findings while she was still in office. She was doing her work,” he says.

Skosana also hits out at Ramaphosa for failing to take a stand in defence of Mkhwebane amid the public criticism levelled against her.