Public Protector welcomes and is encouraged by Law Society’s statement

Public Protector Adv. Thuli Madonsela welcomes and is encouraged by the statement issued by the Law Society on Wednesday, 15 May 2013. She is further encouraged by the society’s commitment to partnering to promote a ‘just and corrupt free state’ and ensuring that victims of administrative wrongs of the state get justice.

Regarding the issue of accountability to Parliament, the Public Protector reaffirms her commitment to accountability to Parliament. She wishes to draw attention to Section 8 of the Public Protector’s Act which provides specific guidelines on how Parliament may discuss her reports.

Section 8 (1) of the Public Protector Act provides that The Public Protector may, subject to provisions of subsection (3), in the manner he or she deems fit, make known to any finding, point of view or recommendation in respect of the matter investigated by him or her.

Section 8 (2) (a) provides that “the Public Protector shall report in writing on activities of his or her office to the National Assembly at least once every year: provided that any report shall also be tabled in the National Council of Provinces.”

Section 8(2)(b) provides that reports of the Public Protector may be discussed by Parliament under the following circumstances; “he or she is requested to do so by the Speaker of the National Assembly; or he or she is requested to do so by the Chairperson of the National Council of Provinces.”

The provisions of Section 9 of the Public Protector’s Act are clearly directed at the contempt of the Public Protector not accountability by the Public Protector. In this regard Section 9(2) merely creates room for parallel proceedings in Parliament on matters under discussion by the Public Protector.

The Public Protector thanks all those who are engaging in this matter because democracy is a dialogue. She looks forward to the agreed platform where she, Parliament and broader society will engage on the content of parliamentary accountability in a manner that takes into account the entire provisions of Section 181 of the Constitution.

The Public Protector further intends to approach the Speaker and the Deputy Speaker of Parliament and the Chairperson of the Justice and Constitutional Development Committee to enhance relations with the Justice Portfolio Committee.

Issued by:

Kgalalelo Masibi
Spokesperson for the Public Protector
Tel: (012) 366 7006
Cell: 079 507 0399
0800 11 20 40

Published Date: 
Friday, May 17, 2013