Address by Public Protector Adv Thuli
Madonsela on the occasion of an outreach clinic in Umlazi,
KwaZulu-Natal
9 March 2010
Programme Director,
Mayors present,
Councillors,
Members of the media,
People of Umlazi and neighbouring areas,
Distinguished guests,
Ladies and gentlemen;
I would like to take this opportunity to greet and thank you
all for heeding our call to meet here this morning. As one
of the Public Protector’s most valuable stakeholders and
clients, the importance of your presence here cannot be over
emphasised.
The purpose of this meeting is to raise awareness about the
existence and role of the Public Protector. Most
importantly, I want to hear from you as to how would you
like my office to serve you better.
Perhaps I need to, firstly, outline what the Public
Protector is and what this institution does so that we all
know what we are talking about and understand each other
much better.
The Public Protector is established under Chapter 9 of the
Constitution to support and strengthen constitutional
democracy. It is one of the constitutional institutions
commonly referred to as Chapter 9 institutions.
This institution is independent and subject only to the
Constitution and the law. The Public Protector must be
impartial and exercise its powers and perform its functions
without fear, favour or prejudice.
Holding the same rank as a judge of the Supreme Court, the
Public Protector is appointed on the basis of a
parliamentary selection process, which culminates in a
National Assembly vote. This is then followed by a
Presidential appointment of the individual recommended by
Parliament.
Programme Director, as the Public Protector, I am
accountable to the National Assembly and must report on
activities and performance of my functions to the Assembly
at least once a year. No person or organ of state may
interfere with my functioning.
The Public Protector is mandated by the Constitution and
national legislation to investigate any conduct in state
affairs or in the public administration in any sphere of
government that is alleged or suspected to be improper or to
result in any impropriety or prejudice. I am also mandated
to report on that conduct and take appropriate remedial
action.
There are two key pieces of legislation that regulate the
operations of the Public Protector, namely the Public
Protector Act of 1994, and the Executive Members Ethics Act.
The powers under the Public Protector Act cover the conduct
of all public authorities except court decisions. The
Executive Members Ethics Act empowers the Public Protector
to investigate all allegations of violations of the Act and
Code by the members of the executive, that is Ministers,
Premiers, MECs etc.
Other legislation, which include anti-corruption legislation
and the Protected Disclosures Act, also recognise the role
of the Public Protector with regard to investigating state
action.
Ladies and gentlemen, all these mean you can approach the
Public Protector anytime you have a complaint regarding
improper or prejudicial conduct of an organ of state or
public official or public office bearer. Even if it is not a
complaint but information or an allegation of impropriety,
you may still approach the Public Protector.
Most of the complaints from this province relate to social
grants, identity documents, provision of low-cost housing
and so on. I am calling upon you to approach my office for
assistance if you are also not getting the services you
deserve from other areas of the state. I encourage you to
also report suspected corruption and other forms of
maladministration.
It is important, however, to remember that private matters
and decisions of courts fall outside the ambit of the Public
Protector and therefore I cannot investigate such matters.
Your complaint or allegation will be investigated with a
view to establishing if the conduct in question was indeed
improper or prejudicial. My office may decide to mediate,
conciliate or negotiate to resolve the complaint. At all
given times, it is important that justice is served. All
these services come free of charge.
While in the past we focused a lot on the investigative
powers, we have consciously decided to harness the full
powers of the Public Protector. With effect from next month,
we will be exhausting all the powers given to us by law to
resolve your complaints in a manner that ensures justice.
These include investigating, mediating, negotiating and
taking corrective action.
Another area where we have committed ourselves to improve is
that of turnaround times. We have introduced an early
resolution mechanism to ensure that uncomplicated urgent
matters are resolved within a few weeks.
Yesterday we met with key stakeholders, including
representative from the provincial and local government. One
of the issues on the table was improved cooperation by
departments to assist us in our investigations. We believe
improved relations and better cooperation will result in
shorter turnaround times, leading to a fair and just public
administration.
We are also planning to deepen the rigour of our
investigations to ensure that improper conduct does not go
unsanctioned simply because we could not dig deeper. To
achieve this we are strengthening our specialisation
arrangements. This includes separating simple and urgent
matters from complex matters.
We are also revisiting our investigation and dispute
resolution methods, incorporating more ADR and strengthening
our forensic capabilities. Our efforts towards improving
good governance continue. In addition to systemic
investigations, we will be engaging in systemic
interventions to ensure that government serves all people
with accountability, integrity and responsiveness. Systemic
interventions seek to respond to systemic malfunctions that
breed poor service delivery and improper or prejudicial
conduct.
I must also mention that the Public Protector is required by
the Constitution to be accessible to all persons and
communities. We have always tried to be accessible, through
outreach, expansion of offices to provinces and regions
within provinces and through using accessible language. We
plan to do even more to enhance our accessibility.
Our initiatives include expanded awareness and outreach
activities, which will include a Public Protector Good
Governance Week and the use of stakeholder avenues to reach
our people.
As I draw to a conclusion, I urge you to tell us your needs
so that we can be of better service to you. Regarding any
complaints or allegations you may have, our mobile service
is right here at the back of this venue. Please approach the
desks.
On a day-to-day basis you may approach the Public Protector
through our toll free line, website, postal mail or visit
one of our offices. Contact details are available on the
information leaflets distributed at the desks I have just
referred to.
Thank you.
Adv TN Madonsela
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