Date: 22/09/2009
Source: Democratic Alliance
Title: DA: Michael: Speech by Shadow Deputy Minister of Justice & Constitutional Development, on the Public Protector, National Assembly

Honourable Speaker, The South African Constitution in Section 1, The Bill of Rights makes provisions for the protection of human rights. The protection mechanisms are also called the 'state institutions supporting constitutional democracy' in the Constitution. Chapter 9 of the Constitution creates 7 institutions for protecting people's rights and for making sure that the government does its work properly. One of the most important institutions of this nature is that of the Office of the Public Protector. The Public Protector is therefore one of the very cornerstones of our democracy. The Public Protector represents citizens and watches over the activities of government officials to stop them abusing their powers. The Public Protector is an independent official and is accountable to the Constitution. Public Protector officials must act in a transparent way and must send a report of their activities and findings to Parliament at least once a year. I have been asked many times what the actual function of the Public Protector is, allow me now to, in a nutshell, give a brief breakdown of the functions of the office:
• to investigate complaints about any of the following:
o poor administration of government o government officials who abuse their powers o improper conduct of public officials o corruption of public funds by public officials o any act or omission (something that has not been done) by public officials that results in prejudice to a citizen
• to resolve disputes
• to refer matters to other agencies, for example the Attorney General to prosecute the person who is guilty of any misconduct
I have also been asked who can approach the Public Protector, the answer is simple: Any person can make a complaint to the Public Protector. If you want to make a complaint you must make an oral or written statement saying:
• what the complaint is about
• why the Public Protector must investigate the complaint
• any other information that may be relevant to the case
The services of the Public Protector are free. One of the biggest problems facing the Public Protector is the lack of public knowledge of this important office, what I have mentioned above may be general knowledge to us sitting in this house, but the general public have very little information regarding the office. This particular point came out strongly during our recent interview sessions, with all the candidates indicating that they would want to make this office more accessible and better known. Thousands of cases were brought before the Public Protector, many of which, the office did not have the power to investigate, these included:
• Judgments by judges and magistrates, including sentences imposed by them.
• Private acts by individuals.
• Private companies.
• Doctors or lawyers who are not working for the state.
These cases were brought before the office due to lack of knowledge regarding the functions of the Public Protector. The new appointee must ensure that the South African public are made aware of the functions and duties of this office and must be made aware that this office exists for their benefit!! Honourable speaker, I would now like to discuss the process that the ad hoc committee for the appointment of the new Public Protector went through. Firstly, allow me to thank the committee for ensuring that the process was fair and transparent at all times, I would also like to thank my colleagues on the committee for ensuring a professional, yet congenial atmosphere during the process. What can be a very time consuming and tedious process was kept interesting and enjoyable by ensuring that questioning was vibrant and relevant. Much of the success of this committee is thanks to the committee chairperson, Hon Mike Matsuta, whom I thanked in committee but would like to thank again here in the house. I am thrilled that the recommended candidate's name, Ms Thulisile Madonsela, comes to this house for acceptance, backed by the unanimous support of the ad-hoc committee. I can inform this house that the atmosphere in the committee was quite festive when we realised that regardless of political party affiliation, all parties represented were in favour of the same candidate. Honourable speaker, Allow me to express the contentment of the Democratic Alliance regarding the name of the suggested appointee, Ms Thulisile Madonsela. She has displayed a sense of fairness and justice, the ability to remain calm in difficult situations, has shown an outstanding knowledge of the law and most importantly, she is not affiliated to any political party! We trust that she will be a breath of fresh air for this office, bringing her expertise and strength of character to this office. We trust that she will make the office of the Public Protector, an office for all the people of South Africa by making it accessible to all South Africans. A tough task lies ahead of our new Public Protector as much will be expected from the new appointee. We expect the following:
• Complete transparency and accountability
• For the new appointee to adhere strictly to the separation of powers
• Total lack of influence from any political party
• Strength of conviction to investigate any government official against whom a complaint is brought
• For the new appointee to act only in the best interest of South Africa and the people of South Africa
Honourable Speaker, On behalf of the Democratic Alliance, we wish the new Public Protector all the best with the work that lies ahead, we trust that we will not be disappointed in the appointee and we look forward to a fair and transparent Public Protector who will assist with the safeguarding of our Constitution. I thank you.