Public Protector dialogues with
26 July 2011
Public Protector Adv Thuli Madonsela on Tuesday assured
government leaders and civil society in Mpumalanga that her
decisions to launch investigations into the conduct of state
affairs and her findings were informed only by the
constitution, law prescripts and facts.
Kicking off her two-day tour of the province as part of the
nationwide stakeholder consultative forum in Nelspruit, the
Public Protector explained that her office did not just
choose to target certain people.
“We do not sit somewhere and decide that we are going to
investigate this and that person. While we are empowered to
initiate investigations, most of the time we receive
complaints from the public. In terms of the constitution and
the law, I am obliged to investigate,” she said.
Explaining the investigation methodology, the Public
Protector said the approach was to look at what happened,
what should have happened and whether there were
discrepancies between the two.
In the event of a discrepancy, the Public Protector said, it
would have to be established if the inconsistency
constituted maladministration, in which case a finding would
be made. Where a finding of improper conduct or
maladministration is made, remedial action is directed.
Regarding the publication of her findings, the Public
Protector told delegates that the law regulating her
activities made it clear that she was expected to publish
findings unless there were compelling reasons against such
action. With regard to disseminating reports, she explained
that the law gave her a discretion to disseminate to whoever
she deemed fit.
During proceedings, stakeholders raised several issues with
the Public Protector. These included the confidentiality of
investigations, accessibility of her office to remote
communities, powers to enforce her remedial action,
collaboration with other oversight agencies and service
delivery challenges, among other things. She assured
stakeholders that the matters they raised would receive
The meeting formed part of a two-month nationwide
stakeholder consultative process launched on 12 July under
the theme “The Public Protector Dialogues with the
Aimed at soliciting feedback regarding the work of the
Public Protector and foster a common understanding of the
institution’s mandate and role, the programme focuses on the
importance of implementing the Public Protector’s remedial
This is for purposes of ensuring administrative justice by
organs of state in respect of service failure and ensuring
accountability in the exercise of state power and control
over public resources.
The Public Protector will continue with were consultation
drive in the province when she interacts with ordinary
people at Kamhlushwa Community Hall, in Nkomazi
Municipality, near Malelane on Wednesday, July 27, 2011 from
For more information, contact:
Manager: Outreach, Education and Communications
Tel: (012) 366 7035
Cell: 072 264 3273