PPSA response following media inquiries regarding the conclusion of the Phala-Phala investigation.

The Public Protector South Africa (PPSA) confirms that on 20 January 2023, the investigation team handling the Phala-Phala investigation issued a letter to the complainant in the matter. The letter serves as an update on the progression of the investigation in line with our standard operating procedures.

 

The institution hereby clarifies that the team investigating the matter has obtained, reviewed, and validated all the information and evidence it deems relevant at this stage of the investigative process, prior to finalizing the preliminary report, which remains prohibited for public consumption under section 7(2) of the Public Protector Act which prohibits the disclosure, by any person, of the contents of any document or record of any evidence given before the Public Protector or Deputy Public Protector during an

investigation…

 

After the conclusion of the PPSA’s quality assurance processes, the preliminary report will be issued to the affected parties to the investigation, and will not be made available to the public.

 

Once the process, post issuance of the preliminary report is concluded, including quality assurance, the final report will be published in terms of section 8(1) of the Public Protector Act read with section 182(1)(b) of the Constitution.

 

We wish to further emphasise our duty as described in the 2018 ABSA v Public Protector judgment which among other things held that the doctrine of legality is one of the constitutional controls through which the Constitution regulates the exercise of public power. Therefore, when making a decision, the Public Protector’s decision must be lawful, reasonable, and procedurally fair. 

 

End.

Issued by:

Mr Ndili Msoki

Acting Spokesperson

Public Protector South Africa

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