Frequently Asked Questions

• What is a Public Protector?
• How does the Office of the Public Protector work?
• Who can be investigated by the Public Protector?
• What can the Public Protector investigate?
• When does one complain to the Public Protector?
• Will anyone else hear about my complaint?
• How much does it cost to get help from the Public Protector?
• Will anyone else hear about my complaint?
• The Public Protector cannot investigate the following:

• Is a high level official;
• Is independent of government and political parties;
• Is appointed by Parliament in terms of the Constitution
• Receives complaints from aggrieved or distressed persons against government departments, agencies or officials; and

Has the power to:

• Investigate;
• Mediate, conciliate and negotiate;
• Recommend corrective action; and
• Issue reports.

How does the Office of the Public Protector work?

Anyone can lodge a complaint with the Public Protector, who will then investigate it.
Think of the Public Protector as a referee who can look at all sides of a problem. If the Public Protector finds that the complaint is justified, he/she will do whatever possible to find a solution to the problem, which includes recommending changes to the system.

The Public Protector can also report the matter to Parliament, which will debate the matter and ensure that recommendations are followed.

Investigations are mostly done informally, but the Public Protector can serve summons on people to give evidence under oath or affirmation when this becomes necessary.

Who can be investigated by the Public Protector?

• Government at any level. This includes national, provincial and local government;
• Any person(s) performing a public function. This includes anyone performing any official duty which affects all, or part of the people of South Africa, for example a government employee, such as an electoral officer;
• Public entities such as the SABC, Eskom and Telkom; and
• Statutory councils, for example the Human Sciences Research Council and the Council for Scientific and Industrial Research.

What can the Public Protector investigate?

• Improper prejudice experienced as a result of:
• Abuse of power;
• Unfair, discourteous or other improper conduct;
• Undue delay;
• Decision taken by the authorities;
• Maladministration;
• Dishonesty or improper dealing with respect to public money;
• Improper enrichment; and
• Receipt of improper advantage.

When does one complain to the Public Protector?

• Speaking to the official(s) involved or if that does not help;
• Writing to the person in charge of the official(s), for example the Head of the Department, the Chief Executive Officer or the Municipal Manager; and
• You may also consider approaching a Member of Parliament or Provincial Legislature.

The following information should be contained in your complaint

• The nature of your complaint;
• Background and history of the complaint;
• The reasons you feel the complaint should be investigated by the Public Protector;
• The steps you have taken to solve the problem yourself. You should mention names, dates, and what was said. Copies of any correspondence between you and the officials should be attached to your letter; and
• Your postal address and a telephone number where you can be reached.

You may write, or request someone to write on your behalf. You can also phone the Public Protector’s office where trained professional staff members will listen to your complaint.

You can also visit any of our offices located in all nine province for an interview or consultation, if you prefer. 

A complaint must be reported to the Public Protector within two years from the date of occurrence of the incident.

Complaints can also be lodged at visiting points and workshops conducted by the office. Visiting points are areas that have been identified for the purpose of conducting interviews with complainants, and they are found in all provinces. Visiting points are serviced at least once a month.

Will anyone else hear about my complaint? 

• Court decisions and sentences;
• Private individuals;
• Private companies; and
• Professionals not employed by government such as doctors or lawyers.

However, staff of the Public Protector can help by telling you where to complain or what to do in the above cases. In instances such as the ones above, where the Public Protector does not have the authority to investigate your complaint, he/she will direct you to the appropriate institution.