Busisiwe Mkhwebane says Kholeka Gcaleka is president’s protector & doesn’t deserve salary increase

Parliament has approved the salary for Public Protector Kholeka Gcaleka, despite opposition from her predecessor, Busisiwe Mkhwebane.

Earlier this month, the Portfolio Committee on Justice and Constitutional Development approved a draft notice regarding the remuneration for judges, magistrates, South African Human Rights Commission (SAHRC) commissioners and other public office bearers.

The Independent Commission for the Remuneration of Public Office Bearers recommended a 3% increase for the 2023/2024 financial year after considering factors such as inflation, fiscal affordability and the wage bill, among others.

An additional 2.5% increase was proposed for the 2024/2025 financial year, while magistrates are set to receive a 4.7% salary hike.

Mkhwebane criticises Public Protector Kholeka Gcaleka

Addressing the National Assembly on Thursday, Mkhwebane, an MP for the Economic Freedom Fighters (EFF), voiced her party’s opposition to the salary increase, arguing that Gcaleka already earned R2.4 million and was not fulfilling her duties.

“She has a credit card given to her by her office. She has four bodyguards and she uses a vehicle with petrol paid for by the state,” she said.

The EFF MP lamented the fact that Gcaleka cleared President Cyril Ramaphosa of wrongdoing over the Phala Phala farm scandal, labelling her successor as “the president’s protector”.

“The public protector should be doing her work without fear or favour. She failed to do that; she exonerated Mr Cyril Ramaphosa,” Mkhwebane said.

“Therefore, as the Economic Freedom Fighters we are saying she can’t be given that increment. On top of that, people are very poor,” the former public protector continued.

An uMkhonto weSizwe (MK) Party MP claimed the public protector’s office was being used to settle political scores, referencing Phala Phala.

“She defended obvious unlawful conduct of keeping dollars under the mattresses,” she said.

“It is our firm view that supporting the public protector’s increment both for 2023 and 2024 will be tantamount to awarding mediocracy,” the MK party MP added.

National Assembly approves salary hikes

Democratic Alliance (DA) MP Damien Klopper backed the salary increases for the public protector and her deputy, though he acknowledged that many South Africans were facing little to no annual wage increases.

“An increase of 2.5% would see the public protector enjoying roughly a R48 000 increase per annum, while the average South African would only enjoy R1 624 per annum increase on the same percentage.

“It is not that we as the DA are opposed to the increase, as living costs increase for every South African including the public protector.

“However, this must not detract from the extreme dire situation of the average South African, who do not enjoy the same relief when increases are implemented,” Klopper said.

The National Assembly, despite objections from the EFF and MK parties, approved salary increases of 3% and 2.5%, set to take effect from 1 April 2023, and 1 April 2024, respectively.

Deputy public protector position
Meanwhile, Parliament is still on the hunt for a new deputy public protector.

The justice committee has invited the public to submit applications and nominations for the position, which offers an annual salary of R2 million.

The search for Gcaleka’s replacement collapsed in April after MPs interviewed seven shortlisted candidates.

It was later revealed that two of the candidates, Sekgame Shadrack Tebeile and Ponatshego Mogaladi, had ties to Mkhwebane.

Mogaladi, an employee in the Public Protector’s office, had been involved in a legal dispute with Mkhwebane after facing disciplinary action initiated by her former boss.

Her dismissal was overturned by the Labour Court in 2021.

Tebeile on the other hand represented Mkhwebane on a pro bono basis in a court case relating to her impeachment.

Mkhwebane was asked to recuse herself from the interviews due to potential conflicts of interest, but refused.

A legal opinion later suggested that her refusal could constitute a breach of National Assembly rules.

Parliament has since restarted the process, with the deadline set for 11 October.

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