Cape Town - Advocate Kholeka Gcaleka held firm on her report on the Phala Phala game farm matter on Thursday as EFF MP Omphile Maotwe quizzed her during the final interviews of the ad hoc committee to nominate a person for appointment as public protector.
In her report on the matter, Gcaleka said the money taken from Ramaphosa’s Ntaba Nyoni Estate, which owns Phala Phala game farm, was from a private cash transaction.
Maotwe wanted to know whether Gcaleka stood by her report in the light of the SA Reserve Bank’s report this week that said neither the president nor Ntaba Nyoni were legally entitled to the money as the transaction was never “perfected”.
Gcaleka said: “The report by the Reserve Bank is that there was no sale between the buyer and the seller.
“Our report and our investigations did not investigate the sale because we do not have the power. It is a private matter that doesn't fall within the ambit of the PP.”
Gcaleka was the last of the eight candidates to be interviewed by the committee, which expects to deliberate on the interviews next week and to submit its report to Parliament by August 31.
The term of the current PP comes to an end in October.
The other three candidates interviewed yesterday included pension fund adjudicator Muvhango
Lukhaimane, who said her qualifications in law and business administration had greatly helped her in her current job.
“What the PPSA and the country require at this point is someone who has proven experience in all those areas of governance and administration.
“Someone who has discharged themselves in a public office in a manner that shows integrity, discipline and an ability to perform and achieve the mandate of an office with the resources that are allocated and also making a difference to people and complainants.”
There was a moment of hilarity at the start of magistrate Johannah Ledwaba’s interview for the position when she said that when people came to court they bowed to the presiding officer to show respect.
Committee chairperson Cyril Xaba (ANC) interjected and said: “And is this bowing, or taking a bow a sign of respect? If so, you did not bow before us.”
Ledwaba looked startled for a moment before Xaba smiled and said he was only joking.
Ledwaba told the committee that when she compared her current position as a magistrate side-by-side with the post of public protector she did not see much difference.
Associate Professor of law at the North West University, Professor Boitumelo Mmusinyane, told the committee that when some people heard he had applied for the post they wondered whether he had “connections”.
“My answer to them was that’s exactly what the position needs. Someone who’s not connected to anything because connected people don’t sleep. I want to enjoy my sleep at night.”
He said the PPSA currently rated low as far as public confidence was concerned and he was the right person to restore the credibility of the office.
mwangi.githahu@inl.co.za