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The Portfolio Committee on Justice and Constitutional Development today agreed to recommended that Adv Dinkie Portia Dube be appointed as Deputy Public Protector.
 
The position of Deputy Public Protector became vacant following the appointment of the previous incumbent of the post, Adv Kholeka Gcaleka, to the position of Public Protector.
 
Committee Chairperson Mr Xola Nqola said the recommendation of Adv Dube was unanimously supported by the multiparty committee. The Economic Freedom Fighters (EFF) was not part of the interview process and thus made no contribution to process. “All members that participated in the interviews agreed that Adv Dube is the best candidate from the list of those interviewed. She was calm and collected during our very robust interview process. She also has a wide knowledge of the field and articulated her responses eloquently during the process,” the Chairperson said.
 
The committee could not, however, agree on recommending a candidate for the vacancy on the South African Human Rights Commission (SAHRC). The committee is tasked with appointing a commissioner and to fill the vacancy for the Deputy Chairperson of the SAHRC.
 
At first, the African National Congress component of the committee recommended a candidate but did not have the support of other parties. The Democratic Alliance (DA) indicated that the process should be restarted, as it had not delivered a suitable candidate. The Freedom Front Plus supported the DA’s position. The MK Party initially wanted the decision to be deferred to another date but later submitted that the process should be restarted as there was no suitable candidate.
 
During the deliberations, the EFF highlighted that the rules of Parliament are silent on whether members who were absent from an interview process are able to vote. The EFF then indicated its position that the committee cannot operate on the basis of what happened in the past but should rather abide by what is contained in the rules.
 
Mr Nqola conceded that the rules are silent on whether committee members who did not participate in an interview process can vote in the matter. “The best way forward is for the committee to postpone the decision on the recommendation for a Commissioner to the SAHRC until we receive advice from Parliament (Constitutional and) Legal Services Office on the matter of which members have the right to vote,” Mr Nqola said.
 
He said the committee will now draft a report on the recommendation of Adv Dube to serve as the Deputy Public Protector. After the adoption of the committee report, the report will then be sent to the National Assembly for its decision.

Issued by the Parliamentary Commynication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Xola Nqola