Protectors in waiting: Top names lined up to take over from Thuli

A former president, an ex-finance minister, a retired deputy chief justice and a former first lady are among the high-profile people nominated to replace Thuli Madonsela as public protector.

However, former president Thabo Mbeki and Graça Machel, Nelson Mandela's widow, have already told parliament they are not available for the job.

When the nomination process closed on Friday, recently retired Constitutional Court justice Dikgang Moseneke and former finance minister Nhlanhla Nene had not indicated if they were in the running.

Madonsela's nonrenewable seven-year term expires at the end of October this year and parliament has set up an ad hoc committee to consider candidates to replace her.

The Sunday Times has learnt that 72 people have been nominated for the job, including former national director of public prosecutions Vusi Pikoli, prosecutor Gerrie Nel, Judge Siraj Desai of the High Court in Cape Town, Mbeki's former legal adviser Advocate Mojanku Gumbi, Advocate Dumisa Ntsebeza SC and EFF national chairman Advocate Dali Mpofu SC.

Makhosi Khoza, an ANC MP and chairman of the ad hoc committee, said Mbeki and Machel had declined nomination.

Mbeki's spokesman, Mukoni Ratshitanga, said he was not aware that the former president had been nominated.

Gumbi could not be reached for comment.

But people close to her said she was unlikely to accept because she was unwilling to subject herself to possible humiliation by ANC MPs who might be instructed to embarrass her during interviews.

Khoza said Gumbi, Nene and Moseneke were still eligible for consideration.

"In terms of the procedure, their nominations were in time. So I'm going to consider them if they accept by Monday and submit their CVs. I will accept their nominations because they were in on time," said Khoza.

EFF spokesman Mbuyiseni Ndlozi said that although the party believed that Mpofu was fit to replace Madonsela, no one from the EFF had nominated him.

Pikoli, the Western Cape's police ombudsman, declined nomination.

What is magnificent this time is that almost all of them meet the criteria in terms of the legislation

Kaajal Ramjathan-Keogh, a human rights lawyer and the director of the Southern Africa Litigation Centre, said yesterday: "I have been nominated and I have accepted."

Desai was nominated by Advocate Denzil Potgieter SC, attorney Igshaan Higgins and Advocate Joel Krige.

University of Cape Town constitutional law expert Pierre de Vos has also been nominated.

"I thought it's probably good for the process if there are different people so I probably will accept," said De Vos.

Khoza revealed that the names of at least five former and two serving MPs have also been put forward, but refused to name them. Indications are that all seven have accepted the nomination.

Several sitting judges are also in the running for the job.

Khoza said the final list of candidates would be released on Tuesday.

"This time, the level of public interest in this position has been magnificent. Remember that during Thuli Madonsela's time we received only 32 nominations.

"What is magnificent this time is that almost all of them meet the criteria in terms of the legislation - which means that members of the public understand the importance of the office and its role in strengthening democracy and dealing with corruption."

In terms of the Public Protector Act, parliament has to consider fit and proper persons who are admitted advocates or attorneys with a cumulative experience of at least 10 years. Current and former MPs with cumulative experience of 10 years also qualify.

Khoza said the process to find Madonsela's replacement had been "depoliticised", as not a single political party or organisation had submitted a nomination.

- Additional Reporting by Bianca Capazorio