GOOD Speech by Brett Herron,
GOOD Secretary-General & Member of Parliament
19 October 2023
Note to editor: This is the speech that was delivered by GOOD Secretary-General and Member of Parliament, Brett Herron, during today’s debate and vote on the appointment of the new Public Protector.
Madam Speaker
The Office of the Public Protector is a creation of the Constitution to strengthen constitutional democracy.
In its 2016 judgement on the role of the Public Protector, the Constitutional Court described the office as part of our national value system.
“One of the crucial elements of our constitutional vision is to make a decisive break from the unchecked abuse of State power and resources that was virtually institutionalised during the apartheid era,” the court said.
“To achieve this goal, we adopted accountability, the rule of law and the supremacy of the Constitution as values of our constitutional democracy.”
The Public Protector was required to be independent and subject only to the Constitution and the law, the court said.
The institution was pivotal to the facilitation of good governance…
Madam Speaker…
It is to the great detriment of the country that this office with such virtuous objectives is perceived to have been dragged into the sewers of factional contestation in the ruling party.
This appointment is an important opportunity to re-set. We are required to be as confident as we can be that:
The proposed candidate has the skills to meet the Constitutional Court’s requirements with respect to the supremacy of accountability and rule of law in the democracy; and
The proposed candidate has the integrity to act with independence, and as a champion of the Constitution.
Speaker…
The Public Protectors office exists to protect the public purse from abuse or prejudice. It was set up as an office “for the people”, who can’t necessarily afford to litigate, to hold public representatives and public servants accountable.
“The drafters of our Constitution conceived of a way to give even to the poor and marginalised a voice, and teeth, that would bite corruption and abuse excruciatingly. And that is the Public Protector,” the Constitutional Court said unequivocally.
The Public Protector must therefore embody the virtues of the biblical David, taking on a more powerful and better resourced Goliath on behalf of the people of this country.
We have no reason to doubt that Adv Kholeka Gcaleka has the credentials and experience to meet the requisite standards, re-assert the independence of the Office of the Public Protector, and rise to the challenge of restoring its integrity.
We will therefore support her appointment.
Media Enquiries:
Brett Herron, GOOD Secretary-General & Member of Parliament
Cell: 082 518 3264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD Media Manager
Cell: 073 367 1223
Email: janke@forgood.org.za