Correspondence with public protector ad hoc committee

30 May 2016

Honourable Dr Makhosi Busisiwe Khoza
Member of Parliament and Chairperson of the Ad Hoc Committee on Appointment of Public Protector
Per email: mkhoza@parliament.gov.za

And to: Members of the Ad Hoc Committee on Appointment of Public Protector

Adv. Bongani Thomas Bongo
Per email: bbongo@parliament.gov.za

Mr Nkosiyakhe Amos Masondo
Per email: nmasondo@parliament.gov.za

Mr Nicolaas Jacobus Janse Van Rensburg Koornhof
Per email: nkoornhof@parliament.gov.za

Ms Grace Kekulu Tseke
Per email:  gtseke@parliament.gov.za

Ms Madipoane Refiloe Moremadi Mothapo
Per email: mamothapo@parliament.gov.za

Dr Patrick Maesela
Per email: pmaesela@parliament.gov.za

Adv. Glynnis Breytenbach
Per email: gbreytenbach@parliament.gov.za

Ms Phumzile Thelma Van Damme
Per email: pvandamme@parliament.gov.za

Mr James Selfe
Per email: jselfe@parliament.gov.za

Mr Werner Horn
Per email: whorn@parliament.gov.za

Mr Julius Sello Malema
Per email: jmalema@parliament.gov.za

Prof. Christian Themba Msimang
Per email: cmsimang@parliament.gov.za

Mr Steven Nicholas Swart
Per email: sswart@parliament.gov.za

Mr Sibusiso Christopher Mncwabe
Per email: smncwabe@parliament.gov.za

Dear Honourable Dr Khoza

Nomination, Selection and Appointment of our next Public Protector

1. We refer to the above matter.
2. Corruption Watch is a civil society organisation that opened its doors to the public in January 2012. We are a registered non-profit company in terms of the Companies Act.
3. Corruption Watch aims to ensure that the custodians of public resources act responsibly to advance the interests of the public, and to ensure that opportunities for entering into corrupt relationships are reduced. We rely on the public to report corruption to us and we use these reports as an important source of information to fight corruption and hold leaders accountable for their actions.
4. As part of our mandate, Corruption Watch is also committed to supporting and strengthening Chapter 9 institutions that are involved in anti-corruption efforts.
5. In light of the incumbent public protector’s term of office coming to an end on 19 October 2016, we have launched a public awareness and participation campaign, entitled Bua Mzansi, aimed at highlighting the appointment process of the next public protector.
6. Section 193(6) of the Constitution provides that the involvement of civil society in the recommendation process for the public protector may be provided for as envisaged in section 59(1)(a) of the Constitution. Thus, we wish to support the work of Parliament by obtaining broad public participation in the nomination and selection process.
7. We would like to congratulate the Members of Parliament who have been selected to serve on the Ad Hoc Committee on the Appointment of the Public Protector, as well as the Honourable Dr Khoza who has been appointed as the chair of this committee. We trust that the committee members will apply their minds in recommending the best possible candidate to serve as South Africa’s next public protector.
8. In order to promote transparency and public participation in the process of appointing a new public protector, Corruption Watch requests the ad hoc committee to grant the following permissions:
   • To access the long list of candidates who have applied or been nominated for the position of public protector;
   • To publish/provide access to the CVs of the shortlisted candidates (Contact details, ID numbers and any sensitive information can be redacted);
   • To confirm that the interviews of shortlisted candidates will be streamed live via the Parliamentary Television Channel, Parliamentary YouTube account and any other television broadcaster;
   • To allow the public to comment and make submissions on shortlisted candidates.
9. We are grateful for the time you have taken to consider our letter and look forward to working with you.
10. If you would like to meet with us to further discuss our campaign and any aspect of our correspondence, please indicate your availability and we will attend to all the necessary meeting arrangements.
11. We look forward to hearing from you.

Yours faithfully,

Kavisha Pillay
Bua Mzansi Project Manager
Corruption Watch
[Unsigned due to electronic transmission]

________________________________________________

Sections 59 (1) and (2) of the Constitution provide that:

1. The National Assembly must –
   • Facilitate public involvement in the legislative and other processes of the Assembly and its committees; and
   • Conduct its business in an open manner; and hold its sittings; and those of its committees, in public, but reasonable measures may be taken –
     • To regulate public access, including access of the media, to the Assembly and its committees; and
     • To provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of any person
2. The National Assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

Dear Kavisha Pillay

I acknowledge your letter dated 30 May 2016. On behalf of the ad hoc committee, let me express our appreciation for your interest and the contribution you wish to make in the process of identifying the best candidate for the Public Protector position. We also thank you for your kind congratulatory remarks.

As you know the parliamentary processes are open to the members of the public. This, includes organized formations such as your Organisation.

We welcome your participation in nominating candidates as well as raising public awareness about the position.

With regards to making public the names of nominees/ applicants, conducting a live interview on the available channels, this shall be done in the most cost effective way, consistent with the decision of the Ad Hoc Committee of the 1st June 2016.

I’m advised by the Secretariat that the position shall be advertised in the 3 national newspapers and 9 regional newspapers as per provincial demarcations.

Whilst, we appreciate the right for the civil society to raise objections, it has to be clear that raising an objection does not translate to the automatic disqualification of the candidate. We also have a responsibility to ensure that the process is free and fair. The candidates also have rights, which may not be violated.

As you know, the Ad Hoc Committee is responsible for identifying the suitable candidate to be tabled as a nomination to the National Assembly. The candidate must be supported by 60% of the Members of Parliament. This process is followed by the President of the Republic, who must make the appointment.

I look forward to your support.

Kind Regards
Makhosi B. Khoza (PhD)