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Parliament to vote on Gcaleka's appointment as Public Protector on 19 October


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Parliament to vote on Gcaleka's appointment as Public Protector on 19 October

Advocate Kholeka Gcaleka
Advocate Kholeka Gcaleka

21st September 2023

By: News24Wire


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Kholeka Gcaleka's appointment as Public Protector will now be considered by the National Assembly on 19 October at the Cape Town City Hall.

Initially, it was scheduled to take place on 11 September, the same day Busisiwe Mkhwebane was removed from this post by the National Assembly.


However, the National Assembly Programming Committee felt it would take too much time to have both votes on the same date, as the open roll call voting mechanism is used.

Then, it was decided that the vote would be on 21 September, but the Cape Town City Hall was not available on this date, and several MPs would be away, travelling for committee work.


At Thursday's meeting of the National Assembly Programming Committee, it was decided that the debate and vote will take place on 19 October in the City Hall, allowing all 400 MPs to be physically present at the venue.

It is essential for the African National Congress (ANC) that their benches are full. There is a threshold of 60% support for the appointment of the Public Protector.

The Democratic Alliance, Economic Freedom Fighters and Freedom Front Plus have indicated that they would not support her nomination, and, had it not been for the Inkatha Freedom Party indicating its support, it could have been tough going for the ANC to garner the required 240 votes.

It is thus expected that the ANC will, like it did for the vote on Mkhwebane's removal, call a three-line whip – a strict instruction from a party's whippery that all members must attend a vote and that they must vote according to the party line.

It was decided at an earlier meeting that the open roll call voting procedure would be used.

It requires each MP to indicate their vote in person.

This was the same procedure used in December when the National Assembly voted against impeaching President Cyril Ramaphosa over Phala Phala, and for Mkhwebane's removal. If the 60% threshold is achieved, the president must appoint her as Public Protector.

Mkhwebane's term comes to on end on 14 October. Gcaleka only being appointed five days later shouldn't be an issue.

She remains Deputy Public Protector until her appointment, and is currently acting as Public Protector.

Thus far, Parliament hasn't moved on appointing her successor as Deputy Public Protector.


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