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Public Protector Adv. Thuli Madonsela said on Tuesday night that she was humbled by the Association of Certified Fraud Examiners’ (ACFE) recognition of the modest efforts of her team.

She was accepting an award for the contribution she has made to the anti-fraud profession. The accolade was bestowed on her by the ACFE at a gala dinner attended by certified fraud examiners and auditors from 39 countries at the Sandton Convention Centre in Johannesburg.

Earlier in the day Public Protector Madonsela had hosted her Swedish counterpart, Chief Parliamentary Ombudsman, Ms Elisabet Fura, at a roundtable discussion on The Role of the Ombudsman in ensuring Accountability in a Democracy – Lessons from Sweden.

Speaking at the end of the round table, Public Protector Madonsela expressed gratitude to her counterpart and opined that she was happy that her Swedish colleague, who is also a Board a member of the International Ombudsman Institute, had clarified that the powers of ombudsman institutions vary from one country to the next, depending on the law, cultural and historical context of each country.

“This is why you can’t say to us ‘why don’t you act like a normal Ombudsman', as some have previously said to me’,” she said.

The Public Protector round table was attended by, among others, Special Investigating Unit Head Advocate Vas Soni, former National Director of Public Prosecutions Mr Vusi Pikoli, parliamentarians, academics, members of the diplomatic corps and the media.

Delegates heard that, like her South African counterpart, Ms Fura has a maladministration jurisdiction, reports on her office’s activities to Parliament, publishes her investigation reports, uses moral suasion or persuasive power to ensure compliance with decisions and that she can refer her reports to Parliament for implementation of decisions.

Public Protector Madonsela said one thing to take away from the discussion was the fact that there could never be a blanket approach to the concept of ombudsmanship as each ombudsman exercised powers given to them by the constitutions or laws of their respective countries.

In South Africa she said, the Constitution gives her the power to investigate alleged or suspected improper conduct, report on that conduct and take appropriate remedial action.

Public Protector Madonsela further said that the Public Protector Act, which introduces the word "recommend" for the first time, is worded in a manner that clearly shows that a "recommendation" is one of many options she can pursue during and after an investigation to "rectify maladministration".

She reiterated that her office’s interpretation of the constitutional power to “take appropriate remedial action” is consistent with the wording of the Public Protector Act and the constitutional dialogue that preceded the establishment of the office and pronouncements made by successive South African presidents since the dawn of democracy.

Public Protector Madonsela added that her office, in line with section 39 of the Constitution, which guides interpretation of the Constitution and laws, understands "take appropriate remedial action" to simply mean do what you consider appropriate in each case to fix the problem you have found.

She added that in interpreting these provisions a purposive approach should be adopted and referred to several authorities that back the idea that the office was meant to provide effective redress. Among these, were the certification judgement by the Constitutional Court and two documents submitted to the constitutional talks by the current governing party where it was stated that the Ombud office is expected to provide “effective remedies”.

At both occasions Public Protector Madonsela expressed how deeply humbled her team and herself were by the support received from South Africans from all walks of life within and outside government.

She assured all that her concern over the watering down the powers of her office to mere recommendations being accepted at will, with no accountability, will impact negatively on those seeking informal administrative justice.

Public Protector Madonsela warned that should her office be seen by the people as unable to assure justice, some may resort to extra judicial means to exact accountability from those who exercise public power as the court route is expensive and generally more onerous for ordinary justice seekers.

Issued by Public Protector South Africa