Public Protector Advocate Busisiwe Mkhwebane has withdrawn her candidacy for Chief Justice, to focus on serving the public. Mkhwebane was among eight candidates who accepted the nomination to replace former Chief Justice Mogoeng Mogoeng, whose term of office ended earlier this month.
Her withdrawal was announced by the Presidency in a statement on Friday morning.
Mkhwebane was nominated by lobby group SA Natives Forum and Democracy in Action. She now joins Dr. Wallace Amos Mgoqi who also withdrew, leaving six candidates vying for the post.
Gauteng Judge President Dunstan Mlambo, Western Cape Judge President John Hlophe, Constitutional Court Justice Mbuyiseli Madlanga, Supreme Court of Appeal President Mandisa Maya, Advocate Alan Nelson SC and Deputy Chief Justice Raymond Zondo will know if they will go for interviews before the Judicial Service Commission after the President’s recommendation.
“I agreed to take the nomination for the benefit of South Africans and those who are being told the narrative that this woman is incompetent or cannot do the work but show South Africans as well that here is this woman who can also. Going forward, I will still be able to protect you from the abuse by these state institutions who are well resourced,” says Mkhwebane.
Mkhwebane says her current role and that of the chief justice are as close to each other as they are far apart and her focus remains with the Public Protector’s office where she is left with two years before her term finishes.
“While I’m humbled by the vote of confidence in my capabilities expressed in my nomination. I decided to withdraw from the race, my focus is here at the PPSA where I’m left now with two years to finish what I have started which is taking the services of this noble institution to the backyards and grassroots communities. I wish to thank all those who nominated me, threw their proverbial weight toward the nomination. I am humbled by your gesture,” says Mkhwebane.
There were also those who raised objections to Mkhwebane’s nomination, questioning her integrity and judicial experience. Legal interest groups CASAC and the Helen Suzman Foundation, were among those who made submissions to the short-listing panel about the eligibility of Mkhwebane and Western Cape Judge President Judge John Hlophe.
“It’s your normal institution which I know and I’ve mentioned several times. CASAC, OUTA and Corruption Watch who are supposed to be dealing with this corruption that they are alleging that they are dealing with. Strangely, they are not supporting the very same constitution which they are supposed to be supporting. We expect them when we issue a report to help us to allow those institutions implement our remedies, they are the one who should be taking those institutions to court because most of them they can afford go to go to court on behalf of the masses but they are not doing that, they are fighting this institution,” says Mkhwebane.
Mkhwebane has lauded former chief justice Mogoeng Mogoeng for never allowing popular narratives to sway him. She says she will not make any further comments on the matter.
Mixed reaction to nominees for the position of Chief Justice:
