BREAKING NEWS | Public Protector Apologises for Threatening South Africans - ‘Insult Fine’ Timing, Admits Error

JOHANNESBURG – Public Protector Advocate Kholeka Gcaleka has apologised and admitted the timing of her remarks about fining people who insult the Public Protector or Deputy Public Protector was wrong.

Gcaleka said she did not intend to upset South Africans after a statement from her office last week warned that insulting the office could lead to a fine of up to R40,000 or 12 months in prison under Section 9(a) of the Public Protector Act. 

The warning came days after the Constitutional Court ruled that Parliament had acted unlawfully in blocking an impeachment inquiry into President Cyril Ramaphosa over the Phala Phala scandal. The court judgment sparked a wave of criticism directed at Gcaleka and Deputy Public Protector Advocate Dinkie Portia Dube, with some accusing them of protecting the president. 

Gcaleka’s office stressed that the Constitutional Court ruling had “no bearing” on its 2023/2024 report that cleared Ramaphosa of violating the Executive Ethics Code over the theft of more than $500,000 from his Phala Phala farm. It added that freedom of expression is not unlimited and does not protect conduct that amounts to a criminal offence. 

The statement drew immediate backlash online and from political parties, reigniting debate about free speech, accountability, and public trust in Chapter 9 institutions. Critics said the timing made it look like an attempt to silence dissent around the Phala Phala report.

Gcaleka has now acknowledged the timing was inappropriate. She said the office encourages lawful and respectful engagement with its reports and remains committed to investigating improper conduct “independently, impartially, and without fear, favour, or prejudice”. 

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