Warning over selection of public protector candidates

A LEADING constitutional law expert has warned that parliament could be taken to court should it consider former and serving MPs as potential candidates to replace Thuli Madonsela as public protector.

Madonsela’s non-renewable seven-year term expires in October.

The National Assembly yesterday adopted a resolution to form an ad hoc committee to lead a public selection process to find a new public protector before she leaves.

In terms of the Public Protector Act, MPs and former MPS who have served at least two terms qualify for nomination.

Practising attorneys and advocates with no less than 10 years’ experience as well as university lecturers in the legal field are also eligible for nomination.

But Pierre de Vos, who holds the Claude Leon chair of constitutional law at the University of Cape Town, said it was problematic that former and serving MPs were eligible for nomination.

He was speaking, along with Dave Lewis of Corruption Watch, at a workshop to raise public awareness of the process to be followed in the appointment of the public protector.

De Vos said serving and former MPs should not be nominated because they generally kowtowed to the wishes of their political parties. He said the provision had been introduced in 2002 when the ANC wanted to appoint Lawrence Mushwana, who was an MP at the time. During his tenure as public protector, Mushwana was largely seen as “executive-friendly”.

De Vos said he was prepared to petition the Constitutional Court if his submission to parliament, calling for MPs to be disqualified as candidates, was ignored.

ANC parliamentary spokesman Moloto Mothapo said he was doubtful De Vos’s proposal would be helpful to the process.

“I doubt that anything that is not provided for in the constitution or in the Public Protector Act will be worthy of consideration by the committee,” Mothapo said.

“The act was not drafted to cater for the interests of specific individuals ... [but] as a legal and constitutional guiding mechanism.”

The committee, comprising 11 MPs, has to submit its final list of candidates to the National Assembly by August 31.