A critical appraisal of the recruitment and selection process of the Public Protector in South Africa

Sandiso Bazana,Tayra Reddy

doi:10.4102/sajhrm.v19i0.1207

Abstract

Orientation: The process of recruitment and selection the Public Protector (PP) needs to ensure that the most ‘fit and proper’ candidate is appointed. The process needs critical scrutiny for such a fit and proper candidate to be selected. Research motivation: South Africa’s superior courts, including the Constitutional court have recently (in 2019) labelled the current Public Protector; dishonest and Incompetent in carrying out the duties of the PP office. Research purpose: This article critically appraises the recent process that culminated in the appointment of Ms Busisiwe Mkhwebane as the fourth Public Protector in the democratic South Africa. Research approach: This article analysed documents, including the Constitution of the Republic of South Africa, Minutes of the meetings of the Adhoc Committee established by parliament to lead the process of the recruitment and selection of the Public Protector, and Public Protector Act . Main findings: We found that the process of recruiting and selecting the Public Protector as it currently stands in South Africa, through the sections of the constitution, completely ignores the principles of recruitment and selection that help avoid sentiments of bias and selecting incompetent persons. Practical implications: The findings of this paper call for a critical evaluation of the discretion that the constitution gives to only the SA parliament to initiate and undertake the process of the recruitment of the public protector. Contribution: The contributes to the role that Human Resources Management discipline needs to play in SA, beyond its preoccupations with corporate organisations, to influence professional ethics in the Public Sector.

Highlights

South Africa (SA) became an official democratic state in 1994
Main findings: We found that the process of recruiting and selecting the Public Protector as it currently stands in South Africa, through the sections of the constitution, completely ignores the principles of recruitment and selection that help avoid sentiments of bias and selecting incompetent persons
The current Speaker of Parliament, Ms Tandi Modise, has already expedited the process of removing the Public Protector (PP) through parliament (Gerber, 2020). It is at the back of all these public allegations of incompetence that this study investigates the recruitment and selection process of the PP in South Africa

Summary

Introduction

South Africa (SA) became an official democratic state in 1994. This was cemented by the successful endorsement of the Constitution of South Africa in 1996 by the first democratically elected president, Mr Nelson Mandela. It is the vanguard that protects the citizens from the people who are placed in power It represents the supreme law of the land while simultaneously echoing a ‘never again’ message. It enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom (South African History Online [SAHO], 2018). The constitution has a separation of powers doctrine – aimed at limiting powers of each branch of government: the legislature, the executive and the judiciary This means that the doctrine provides the basis for an institutional, procedural and structural division of public power (De Vos & Freedman, 2014). To ensure that there is a separation of powers, as well as checks and balances on these powers, the constitution establishes Chapter 9 institutions that support the constitutional democracy

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