27 January 1999
The Public Protector's Special Report on the Affairs of the Independent Broadcasting Authority (IBA) has been released. A Special Report by the Auditor-General concerning shortcomings in financial management by the IBA which was tabled in Parliament on 7 May 1997, triggered a controversy surrounding former Council members and the former Chief Executive Officer of the IBA. The Parliamentary Standing Committee on Public Accounts held a hearing on the matter and recommended several measures to be taken by the IBA to address the lack of proper financial management in the IBA. The Committee also recommended that the Public Protector should investigate the matter.
Shortly after the report by the Auditor-General, the IBA appointed a firm of auditors to assist in resolving the crises in financial administration. This went a long way towards assisting the IBA to get its house in order.
Subsequent to the hearing by the Public Accounts Committee, five Councillor, including the co-chairperson, Mr P de Klerk and Dr Makone-Matabane resigned. The Chief Executive Officer, Mr H Gxaweni was also suspended pending an inquiry. however, this inquire was later settled and Mr Gxaweni resigned. They delay of the proposed merger with the South African Telecommunications Regulatory Authority (SATRA) and a lack of proper funding are, according to the Special Report by the Public Protector, causing several problems. Outstanding debts by former Councillor on, what appear to be, unauthorised expenditure on IBA credit cards could not be recovered by the IBA.
The Public Protector has recommended that the President either appoint a Special Investigating Unit or that he refer the matter to the Heath Special Investigating Unit to investigate, with a view to recovery - in terms of its special power - improper or unlawful expenditure by former councillors of the IBA. He has also recommended that the National Assembly take appropriate steps to ensure that the process of the merger of the IBA and SATRA be expedited and that sufficient funds be allocated to the IBA to give effect to its responsibilities in terms of the merger, without jeopardising its normal function.
This Special Report was released a week after a meeting of anti-corruption bodies at the Heath Special Investigating Unit in East London. This meeting addressed matters such as better co-ordination and co-operation amongst all the anti-corruption bodies, as well as public awareness as to the particular function and special powers of every such institution. The IBA matter is the second controversial matter that will (probably) be referred to the Heath Special Investigating Unit following an investigation by the Public Protector. As is the case with the Sarafina II matter, the recovery of public money lost by the iBA can ideally be dealt with by the Unit whose primary function is to refer such matters to a Special Tribunal that has the authority of a High Court in civil matters. It indicates how the powers of the Unit complement those of the Public Protector and that this combination is essential in the fight against corruption.
Some Statistics
Despite financial constraints, the office of the Public Protector which investigates complaints of improper conduct against government agencies and officials, has finalised 4,868 cases since Adv Selby Baqwa took office on 1 October 1995. In 526 cases it was found that the complaint was not well founded. The office has provided advice or assistance in 3,262 cases. These figures exclude the telephonic assistance that is provided to thousands of complainants annually. The achievements of this office have also been recognised internationally to the extent that the International Ombudsman Institute has decided that its international conference in 2000 will be hosted by South Africa.
Issued by: Office of the Public Protector
Enquiries: Nicolette Teichmann
Tel: (012) 322 1190
Cell: 082 651 3629