Kholeka Gcaleka, who absolved President Cyril Ramaphosa of any wrongdoing in the Phala Phala scandal during her tenure as acting Public Protector, has once again gained attention after being chosen by the majority in Parliament as the new Public Protector.

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Although the allegations made by DA MP Glynnis Breytenbach regarding an intimate relationship between Public Protector Advocate Kholeka Gcaleka and her former superior, Advocate Menzi Simelane, have been deemed ‘distasteful’, political analysts argue that the Phala Phala Scandal has cast a shadow over Gcaleka’s appointment.

During her tenure as the acting Public Protector, Gcaleka absolved President Cyril Ramaphosa of any wrongdoing in the Phala Phala Scandal, which pertained to the unreported funds found hidden in furniture at the President’s farm.

Gcaleka has once again gained attention after being chosen by the majority in Parliament as the next Public Protector, replacing Busisiwe Mkhwebane who was removed by Ramaphosa. The DA boycotted the process and has been one of the strongest opponents of her appointment.

Independent political analyst Sandile Swana said that the decision to vote for Gcaleka’s appointment signalled that “the IFP and ANC have made a temporary marriage of convenience to appoint her against protest by opposition parties and organs of society.”

“Gcaleka should not be appointed at all to a position requiring a totally independent person – not linked to the CR24 faction (a grouping of Ramaphosa supporters in the run-up to the 2024 polls).

“Considering the many scandals of Ramaphosa and the ANC, the country needs a fresh PP.

“That person must enjoy unqualified support from the law societies, advocates’ bars, SAICA (SA Institute of Chartered Accountants) and other professional bodies.

“Unfortunately, Gcaleka comes from the troubled history of the ANC Youth League.

“Her chances of success are minimal, with the DA, EFF and other structures set to attack her from day one in office – a move towards an impeachment,” said Swana.

According to Roland Henwood, a politics lecturer at the University of Pretoria: “Given the history of how the ANC protects its leaders, there will inevitably be questions on Gcaleka’s conduct.”

Corruption Watch’s executive director, Karam Singh, said he hoped Gcaleka would “take the opportunity to turn the corner and re-establish the credibility of that office.”

“There is a need for us to take the bull by the horns and to establish an independent anti-corruption agency.

“It is a body that’s going to have specialised powers – or specialised and dedicated resources and special protections around its independence so that it doesn’t become subject to political interference.

“When we see these high-profile arrests, we must applaud the police for their investigations in getting to that point.

“But we know that arrests are not the end of the accountability story.

“We’re looking for successful prosecutions, successful asset recovery and a real situation where we know that those inside the system are also brought to book.”

Referring to the Breytenbach parliamentary outburst, policy expert Dr Nkosikhulule Nyembezi said her remarks on Gcaleka were “insensitive”.

Nyembezi said Breytenbach used the debate “to settle her scores by tearing into the experience of Gcaleka – her former colleague at the NPA, casting doubt about her competence for the position”.

“South Africans must not absorb or align with the insults and slogans the debate threw up.

“The attitude of these opposition parties – aggressive, abrasive, vindictive public handling of the shortlisting and interview process – has shaped their approach to the debate.

“Such an attitude is the exact opposite of what is needed to build an independent and impartial institution and a democratic South Africa.

“An increasing number of people rely on a functional public protector to defend them against an uncaring and incompetent government that has fallen short in every promise to make our country a better place to live. 

“The performance of parties like the DA is an electioneering tactic.

“They persecute the public protector’s office, yet their enemy is Ramaphosa and the ANC – the incumbent in the Union Buildings, wrongfully enjoying Nelson Mandela’s gold wallpaper as a champion of the rainbow nation and caring society.”