PRETORIA — The MK Party has lodged a formal challenge against the appointment of retired Judge Takalani Joseph Raulinga as the IDAC Ombud, raising urgent questions about his impartiality and the integrity of the oversight body. In correspondence directed to Justice Minister Mamoloko Kubayi and Portfolio Committee Chair Xola Nqola, the party detailed its reservations, arguing that the selection undermines public confidence in the institution’s independence.
Mzwanele Manyi, serving as the MK Party whip in the Peace and Security Cluster and a member of the justice and constitutional development committee, articulated the party’s stance. Clarifying his specific parliamentary role during the discussion, Manyi stressed that the party views governance protocols with utmost seriousness, warning that the current appointment trajectory appears fundamentally compromised.
The foundation of the objection traces back to a 2015 Judicial Service Commission (JSC) interview, where Raulinga was vying for a Judge President position. Manyi highlighted that Raulinga voluntarily inserted a claim into his curriculum vitae stating he was a “big friend” of then-Deputy President Cyril Ramaphosa. This prompted a direct reprimand from former Chief Justice Mogoeng Mogoeng, who questioned the necessity of highlighting political connections to the “high and mighty,” cautioning that such ties could severely compromise judicial independence. Although Raulinga reportedly apologized at the time, Manyi argues the underlying issue remains unresolved.
Compounding these historical concerns, Manyi pointed to a recent television interview where Judge Raulinga openly reaffirmed his ongoing friendship with President Cyril Ramaphosa. For the MK Party, this admission validates fears that the ombud role, which requires absolute neutrality, is vulnerable to political influence. Manyi emphasized that Section 22A, Clause 8 of the NPA Act explicitly mandates a retired judge for this position precisely to safeguard against the credibility issues now at stake.
Beyond perceived bias, the party flagged a glaring timeline discrepancy. While Justice Minister Mamoloko Kubayi publicly announced the appointment on July 10, framing it as a recent development, parliamentary records indicate otherwise. Manyi referenced a November 7 portfolio committee meeting, where Advocate Johnson disclosed that President Ramaphosa had actually appointed Judge Raulinga to the position the previous October.
This nine-month window has become a focal point of the MK Party’s criticism. Manyi questioned Raulinga’s inactivity during a period marked by controversial maneuvers within the IDAC. He specifically cited the puzzling arrest of an individual referred to as Masimula, alongside the detention of the national police commissioner over alleged Public Finance Management Act (PFMA) violations. Manyi challenged Advocate Johnson on why these specific figures were targeted while approximately 34 other directors-general facing similar PFMA allegations were seemingly ignored, suggesting a pattern of selective enforcement under Raulinga’s watch.
In response to the mounting backlash, Judge Raulinga has defended his suitability for the role. He pointed to his extensive tenure on the bench as undeniable proof of his commitment to the rule of law. Additionally, he emphasized that the ombud office is structurally insulated from interference, operating entirely independently of both the National Prosecuting Authority (NPA) and IDAC leadership, with direct accountability reserved for Parliament and the justice portfolio committee.
Manyi remained unconvinced by these structural assurances. He argued that procedural safeguards cannot mask a nine-month track record of perceived inaction, which he characterized as evidence of political maneuvering rather than robust, independent oversight. The MK Party maintains that without demonstrable impartiality, the credibility of the IDAC Ombud position is irreparably damaged.
