Busisiwe Mkhwebane withdraws candidacy for Chief Justice post

Public Protector Advocate Busisiwe Mkhwebane. Picture: Bongani Shilubane/African News Agency (ANA) Archives

Public Protector Advocate Busisiwe Mkhwebane. Picture: Bongani Shilubane/African News Agency (ANA) Archives

Published Oct 29, 2021

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Durban - Public Protector Advocate Busisiwe Mkhwebane on Thursday withdrew from her nomination in the race for the next Chief Justice of South Africa, according to the office of the President.

The Presidency issued a statement on Friday, revealing the latest updates as to the position of Chief Justice, confirming that Dr Wallace Amos Mgoqi, chairperson of AYO Technology, had also withdrawn from the process earlier in October.

Independent Media contacted the Office of the Public Protector on Friday for comment but was unable to get through.

Six candidates remain, as the race to succeed Chief Justice Mogoeng Mogoeng enters the next phase, namely: Judge President John Hlophe, Justice Mbuyiseli Madlanga, President of the Supreme Court of Appeal Mandisa Maya, Judge President Dunstan Mlambo, Advocate Alan Nelson, SC and Deputy Chief Justice Raymond Zondo.

Last month, President Cyril Ramaphosa, for the first time in the country’s history, invited members of the public to nominate people to fill the position of Chief Justice.

The evaluation panel for the position, which is chaired by Judge Navi Pillay, submitted its report to President Ramaphosa on Thursday. The President is currently giving consideration to the recommendations of the Panel.

“After giving consideration to the recommendations of the panel, the President will decide which candidate(s) from the shortlist presented to him by the Panel to refer to the Judicial Service Commission (JSC) and the leaders of political parties represented in the National Assembly for consultation in line with Section 174(3) of the Constitution.

“The content of the report itself will not be made public as the candidates the President will select from the shortlist still need to go through a process of interviews by the Judicial Service Commission and consultation with the leaders of political parties represented in the National Assembly,” the Presidency said.

In September, Mkhwebane closed some of the investigations involving allegations made against President Ramaphosa and some cabinet ministers. In a statement, she said the office of the PP had applied the applicable laws to the facts and made conclusions.

“Throughout the various investigations, we sought to establish what happened, what should have happened and whether there was a discrepancy between the two and whether discrepancy, if any, constituted maladministration and improper conduct,” Mkhwebane said.

jehran.naidoo@inl.co.za

Political Bureau