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DA: Statement by Natasha Michael, Democratic Alliance shadow deputy minister of justice and constitutional development, calling for debate on the role of the Public Protector in society (27/07/2010)

27th July 2010

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DA to call for debate on role of public protector in society
ANC government has shown systematic disregard for the purpose of Public Protector in our society
ANC needs to explain to the public how it will change its sorry track record of engagement with Public Protector





The Democratic Alliance (DA) believes that it is time for the ANC government to tell the public just how seriously it takes the role of the Public Protector in society. We will be calling for a debate in parliament in this regard where members of the ruling party can perhaps explain why, through their actions or lack thereof, they have systematically ignored the role that this Chapter 9 institution plays in our country. The government's sorry track-record in responding to the Protector speaks volumes about its respect for the principles of oversight and accountability and it is time they articulated explicitly the reasons for their disregard.

The reported failure of the Minister of Home Affairs, Ms Dlamini-Zuma, to respond to three formal requests for a meeting with the Public Protector, is yet another example of the executive ignoring the office. The Public Protector is mandated with protecting the interests of the public and if the cabinet treats this institution with disdain, then it is effectively treating the public interest with disdain as well. As such, the question of government motivation must be discussed and I will be calling for this matter to be debated in Parliament.

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Of course, the pattern of government neglecting its obligation to the Protector goes back further. Recently, both Parliament and the Cabinet missed the 1 July deadline imposed by the Public Protector on their decision taken regarding sanctions for the President for late financial disclosure. Following President Zuma's late submission (245 days late) of his financial interests, the Public Protector, Thulisile Madonsela, asked Parliament and the Cabinet to advise whether the President should face similar sanctions to those imposed on Members of Parliament that submit their interests late. A month after the deadline, a response to the Public Protector has been completely stalled apparently as a result of a lack of political will. Unfortunately, this approach suggests a great deal about the ruling party's approach to matters of accountability and more importantly open accessibility for those who have legitimate grievances against those who are supposed to serve them.

The 2007 Parliamentary Report on Chapter 9 institutions, with regard to the Public Protector recommended that, "the appropriate lines of authority and accountability between the office of the Public Protector and other organs of state...should be observed so as to protect the independence of the office of the Public Protector." Three years on, and it appears that little has been done in order to protect the office. The incumbent Public Protector stated in an interview a week ago that there were reports from the first occupant of the position that have still not been implemented.

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The public deserve to hear an open discussion on precisely how the ANC government interprets the Public Protector's role in society. It is not enough to have rhetorical commitments to the institutions within our constitutional framework that are recited when elections come around. The principles only exist if they are adhered to and acted on during the course of governance. As such, the public need to know whether it should ever bother having any recourse to the Public Protector or whether such appeals will only ever be inevitably pointless.

As a result of the obvious disregard for the office of the Public Protector, I will be calling for a debate in Parliament on: "the role of the Public Protector in South Africa and the importance of Public Protector recommendations". This will provide an opportunity for the ruling ANC to clarify its interpretation of the role of the Public Protector in society and whether it intends to change its shameful lack of engagement in the future.

 

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