ATM warns the Deputy Public Protector to withdraw her letter to the court

7 July 2022

The ATM is appalled by the behaviour and serial misconduct on the part of the Deputy Public Protector of South Africa, Advocate Kholeka Gcaleka. Just as we were busy contemplating what steps to take against her for entering into a secret deal with President Cyril Ramaphosa to illegally extend the deadline for the 31 questions sent to him by the Public Protector of South Africa, Advocate Mkhwebane she has plunged the institution into another crisis of illegality.

Advocate Gcaleka is everyday exposing her hatred for or greed for the positioning of the Public Protector. She has unduly and unlawfully interfered in on-going legal proceedings in which the ATM is a party and a co-applicant. We condemn and reject her interference.

The purported and celebrated "withdrawal" by "Public Protector South Africa" or "PPSA" from the present application is legal nonsense because "PPSA" was never a party to these proceedings.

There is no such thing as PPSA in the Constitution or even in the Public Protector Act. Advocate Mkhwebane never purported to be PPSA. On that alone, the registra of the Court should reject Gcaleka's letter.

The applicant has always been and remains The Public Protector OF South Africa namely Adv Mkhwebane. There is only one Public Protector of South Africa and she has not been removed from her office. There is a big difference between a suspension and a removal. Otherwise what is the purpose of the forthcoming parliamentary process starting next Monday?

Furthermore it is the duty of the CEO and not the Public Protector to grant or withdraw the mandate of the attorneys in this matter. Gcaleka's actions are therefore also in breach of the PFMA.

We advise Ms Gcaleka must simply stay on her lane and enjoy her temporary and hopefully short-lived assumption of that office. It is not her duty to seek popularity by engaging in unwarranted dirty tricks simply aimed at humiliating the Public Protector and pandering to the media and other haters. The forces which she is trying to impress are on the way to their exit door. It will all end in tears.

The ATM therefore calls upon her, within 24 hours, to retract her illegal "Notice of Withdrawal" from our case failing which we will ask the court to impose the appropriate punitive measures against her.

Issued by Sibusiso Mncwabe, National Spokesperson, ATM, 7 July 2022