Cape Town - Aligning the Office of the Public Protector to legislation such as the National Prosecuting Authority (NPA) Act and the Finance Management Act is a critical step in the country’s democracy, newly appointed Public Protector Kholeka Gcaleka said.
Yesterday Gcaleka addressed the Cape Town Press Club under the theme Fit for purpose: The Public Protector 28 years into the democratic South Africa, Gcaleka, at 41, the country’s youngest Public Protector, said the needs and demands of public institutions have changed and the Office of the Public Protector needed to adapt as well.
“The Public Protector Act was enacted before the final Constitution so it became critical that we align ourselves to the final Constitution and we align ourselves to subsequent legislation, for instance the NPA Act as well as the Public Finance Management Act.
“It is critical that we take lessons from the mistakes we have made; we can’t always point fingers.”
Gcaleka was appointed as the Public Protector by President Cyril Ramaphosa on November 1.
This, after the National Assembly had recommended her appointment following the impeachment of former public protector Busisiwe Mkhwebane, who was removed from office by a two-thirds majority vote in September.
Having started her career with the National Prosecuting Authority as an aspirant prosecutor in 2004, Gcaleka has served as a Special Advisor to the Ministers for the Department of Public Service and Administration, Department of Home Affairs and Department of Finance.
She also served on the commission of inquiry probing the state of affairs of municipalities across Gauteng, and was the first black woman national chairperson of the Society of State Advocates.
“We have to look at the realities that we face as an institution,” she said.
Gcaleka said since January, the implementation of remedial action had increased from 2% to 18%.
“This says that something is being done from our side to show that we are being more effective.”
Speaking on whistle-blowing, Gcaleka said they did not have the power to call for the protection of whistle-blowers, however, interventions were needed to protect them.
“Considering the Protected Disclosures Act is the universal act in our country, we must be able to say, through this state institution, this is what we must do for whistle-blowers in our country.”
She said whistle-blowers played a crucial role in protecting democracy.
Asked about the Phala Phala report, Gcaleka said she slept well at the night knowing that vigorous teamwork made the findings possible.