Kevin Malunga nominated to replace Thuli Madonsela

Deputy Public Protector Kevin Malunga is among those nominated for the top position at the Chapter Nine institution as Thuli Madonsela's term comes to an end, and although he says he is not entitled to it, he has come to 'know the job quite well'.

Malunga said yesterday he had been nominated for the position by 'quite a few stakeholders', and in terms of his career, this would be the natural progression. 'I've acted as a Public Protector 29 times,' he reportedly told Business Day, adding that the job was familiar to him.

According to prabook.org, Kevin is the son of Zapu late stalwart Sidney Donald Malunga, M.P for Makokoba, died in August 1994 and was declared a national hero and Yvonne Maphosa.

Advocate Kevin Sifiso Malunga was appointed by President Jacob Zuma as Deputy Public Protector on 10 December 2012 for a seven year term.

Advocate Malunga was appointed after the National Assembly on 22 November 2012 agreed unanimously, with 253 members in support, to adopt a report of the Portfolio Committee on Justice and Constitutional Development which recommended his appointment.

Reading Advocate Malunga's curriculum vitae it is not difficult to identify the source of all this consensus - especially at a time when consensus seems to be a commodity in such short supply, especially in Parliament.

Adv Malunga holds a BA Law from the university of Swaziland, an LLB from UNISA, and LLM from Georgetown University and is a candidate for a Doctor of Juridical Science from the University of Wisconsin at Madison.

Kevin Malunga is the Deputy Public Protector of the Republic of South Africa. He was the spokesperson of the Marikana Judicial Commission of Inquiry. Malunga was a lecturer at the University of Natal's Faculty of Law. He is a candidate for Doctor of Juridical Science at the University of Wisconsin-Madison Law School in the US

Malunga is a member of several professional societies including the American Society of International Law

Malunga once broke ranks and wrote a letter to Parliament distancing himself from the views of his boss.

Malunga wrote to the parliamentary portfolio committee, which conducts oversight over the office of the public protector, distancing himself from Madonsela's views.

"The spirit of my correspondence is that we must respect Parliament, of course, not suck up to it," Malunga said. "I have a view based on the law. Section 181 (5) of the  Constitution. We have to account to Parliament. We can't be a law unto ourselves."

Malunga added, however, that Madonsela had the right to her own interpretation of the powers of the public protector.

Ten days

The committee would meet about 10 days after the June 24 cut-off date to discuss the candidates, and their names would be published on Parliament's website and on social media, with an invitation for comment and objections.

No nominations had come from political parties and, so far, no Members of Parliament had been nominated or applied.

Not all of the nominated candidates' names were accompanied by a note to say they had accepted the nomination, so a team had been set up to contact them to find out if they were willing to stand.

The shortlist of candidates would be tabled in Parliament by the end of August.

Ideally, the new Public Protector would be in office by November 1, but this depended on other factors. The chosen candidate might have to give notice at their current place of work, and Parliament might not get the required 60% - 240 votes - in a sitting to confirm the candidate.

She acknowledged receiving a request by Corruption Watch to extend the date for nominations and applications, but said the committee wanted to stick to its deadlines.