Public Protector lauds appointment of Military Ombud
Monday, 14 May 2012
Public Protector Adv Thuli Madonsela has congratulated the
Department of Defence and Military Veterans on the
establishment of South Africa’s first Military Ombud, a body
set up to investigate complaints raised within the
department.
Speaking at the swearing-in ceremony of Lieutenant-General
Themba Mathanzima in Pretoria on Monday, the Public
Protector commended the speed at which the legislation
regulating the existence of the Ombud and the establishment
of the office had been done.
She also appreciated the decision to hold a swearing-in
ceremony as that would go a long way towards ensuring
visibility and ensuring accessibility of the important
office.
She said the idea to establish a Military Ombud had partly
been triggered by her office after seeing the plight of
soldiers, particularly the retired ones and military
veterans, who often took their grievances to her office.
It was clear then, the Public Protector said, that there was
a need for a faster mechanism with the necessary expertise
to resolve military complaints expeditiously.
“My team and I had a small contribution to the giant step
that is being taken today. We approached the Minister in
2010 with this idea and she indicated that she was happy
with it but also that it was an idea they had previously
mooted and that a lot of work had already been done on it,”
she said.
The Public Protector said she was happy that a lot of
comments from her office on the first draft legislation of
the Military Ombud were implemented. These include the
recommendation that the Ombud be appointed by the President,
their rank be equivalent to a Judge, their required
qualifications, the name of the office and the need for the
office to be financed directly.
“There was a lot of emphasis on independence and
impartiality. The final product is excellent, however, there
may be a need to tweak it a bit as it looks as if my
jurisdiction and possibly that of other Chapter 9 bodies has
been ousted,” she said, referring to the fact that the Act
refers complainants who are unhappy about the Ombud’s
decisions to the high court only.
She, however, indicated that she was happy with the fact
that the Act made it clear that a decision of the Ombud had
to be taken on review and therefore unilateral refusal to
implement was not an option.
On her expectations regarding the work of the Ombud, the
Public Protector said it was a good idea to appoint an
“insider”, explaining that this could work excellently if
Lieutenant-General Mathanzima uses his “insider status” and
seniority to leverage respect for the office.
“If he treats the defence family as the mafia, he will be
inviting them to disrespect the office. However, I do not
expect him to do that because he has a history of
integrity,” she said, adding that to be effective the office
needed rigour, speed and remedies that will bring
complainants as close as possible to where they would have
been had the department acted right in the first instance.
The Public Protector added that she expected Minister
Lindiwe Sisulu and the Department to respond swiftly and
honestly when the Ombudsman asked questions. She further
expected swift implementation of findings and
recommendations.
Institutions established under Chapter 9 of the
Constitution, the Public Protector said, would still retain
their constitutional jurisdiction. She undertook, as Public
Protector, to defer all to the Military Ombud on all defence
and military veterans’ grievances and conduct reports.
For her part, the Public Protector would come in as a
non-judicial complaints body of last resort, retaining
residual jurisdiction. She said these matters would be
ironed out at a meeting with Lieutenant-General Mathanzima –
to take place as soon as possible to discuss cooperation.
“My team and I are looking forward to cooperative relations.
We will have to meet with the Ombudsman as soon as possible
to look at, among other things, matters that are currently
with me that should be offloaded to him.”
For more information, contact:
Kgalalelo Masibi
Senior Manager: Outreach, Education and Communications
Tel: (012) 366 7006
Cell: 079 507 0399
Email:
kgalalelom@pprotect.org
www.publicprotector.org
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