Open letter to the President on appointment processes

19 February 2019

To the Office of the President

We note the 07 February 2019 announcement by Treasury outlining the process for the appointment of the SARS Commissioner, wherein Treasury expresses the desire to follow the Nugent Commission of Inquiry’s recommendations in respect of the appointment procedure.   We also note that the Nugent report makes significant recommendations on the processes being open and transparent.

The appointment of a SARS Commissioner is a matter of manifest public interest. The public has a right to know the reasons which inform the decision-making on this crucial public appointment. For openness and transparency to be meaningful, such information should be made available publicly and through the media prior to a final decision being taken.

We therefore urgently request that your office ensures:

(a)   that the shortlist of candidates selected by the President is made available through public communication channels. The public must know who is on the shortlist BEFORE the panel begins its work.

(b)  that the proceedings of the selection panel be open – to the public and to the media. This is directly in line with the Nugent Commission’s recommendation that the process should be “open and transparent”.

(c)  that the recommendations of the panel are made public.   It makes no sense – if the process is to be open and transparent - for them to be made public AFTER the candidate has been appointed.

Other related appointment processes:

(d) should the Presidency proceed with the appointment of an Inspector-General to oversee the South African Revenue Service as per Nugent’s recommendation, we appeal to your office to ensure this appointment process be done openly, with the public afforded a meaningful opportunity to engage.

(e) we further call on the Presidency to ensure that the appointment process for new commissioners to the Commission on the Promotion of the Rights of Cultural, Religious and Linguistics Communities be done openly and with public participation through a Parliamentary process. It has been reported in the media that the relevant Minister is to appoint a panel to conduct interviews and make recommendations with no public oversight. This is an unacceptable process for a Chapter 9 institution accountable to the public through Parliament, particularly where precedent exists for an open, transparent and competitive process through Parliament for almost all other Chapter 9 institutions.  

We would appreciate a response to this letter by the 28 February 2018, given that some of these processes are already underway.

Sincerely,

Biko Mutsaurwa

R2K National Working Group

Issued by Busi Mtabane, R2K Communicator, 19 February 2019