Opposition Parties block Tlakula from capturing Information Regulator

26 May 2016

Opposition Parties today blocked the ANC’s plan to smuggle embattled, former Electoral Commission Chairperson, Pansy Tlakula, into South Africa’s Information Regulator position. This is a victory for democracy and Opposition Parties who staved off the capture of an institution charged with protecting the personal information of South Africans.

The newly established Office of the Information Regulator is necessitated by the Protection of Personal Information Act and this Act demands that the candidate be fit and proper person free from all prejudice if they are to protect the South African people from their personal information being abused.

The shortlisting process for the positions on the now to be established office of the information regulator left much to be desired and was typical of the recent approach of the majority party in the committee of putting everything to the vote and in so doing imposing their will regardless of cogent argument to the contrary.

The candidates were comprised of purely ANC choices and no consideration was given to anything proffered by any of the Opposition Parties. At the interviewing process it became clear precisely what was envisioned by the majority party, and the Chairperson of the Justice Committee who, true to form, did not hesitate to deliver several monologues prior to and during certain interviews.

Regardless, from the outset it was clear that the majority party had only one candidate in mind for the position of the head of the Information Regulator. The recent electoral court finding of misconduct against Tlakula must never be forgotten. This is important as the act specifically requires that those appointed to the Information Regulator must be fit and proper persons.  Our courts have found that the term fit and proper alludes to the personal qualities of a person, and more specifically whether one can be deemed to be honest and reliable.

Needless to say, the other positions, particularly the permanent positions, were going to be filled by loyal cadre deployment, regardless of merit.

This is an important piece of legislation and an important office. It is disappointing that the real opportunity to set up a new office with the best available persons has been allowed to deteriorate into settling for 2nd or 3rd best  simply because the best candidate did not necessarily carry the approval of the majority party representatives on the committee.

While the Democratic Alliance remains skeptical regarding the suitability of some of the appointees now being foisted upon us due to a process employed by the majority party of putting all the appointments to the vote, we cannot in good conscience support the recommendation in its totality and this is why we are pleased to have prevented from cadres being allowed to capture yet another government agency.

Statement issued by Adv Glynnis Breytenbach MP, DA Shadow Minister of Justice, 26 May 2016