REP EPOR ORT Thursda day, , 05 05 Octob ober er , 2017 Pr - PowerPoint PPT Presentation

PUBLIC PROTECTOR’S PRESENTATION TO THE PORTFOLIO COMMITTE MMITTEE ON ON JUSTI TICE CE AND CORRECTI RECTIONAL L SERVICE VICES S ON 2016/17 6/17 ANNUAL AL REP EPOR ORT Thursda day, , 05 05 Octob ober er , 2017 Pr Presented sented by Adv. . Busisi sisiwe e Mkhw hweba bane: ne: Pu Publi lic c Pr Protec ector tor

Over ervi view w Of The e Pr Pres esen enta tati tion on 1. Constitutional mandate 2. Additional legislative mandates 3. Reflecting on work done since joining the office 4. Past year at a glance 5. 2016/17 Performance highlights 6. 2017/18 Performance highlights 7. 2016/17 Financial report 8. 2017/18 Quarter One (1) Financial report 9. Addressing Auditor General findings 10. Request for additional funding

Par art t 1: 1: Pu Public c Pr Prote tect ctor or- Adv. Busisiwe e Mkhweba bane ne

Const Co stit itutional utional Man anda date te (1 (1) The Public Protector is an independent Constitutional institution whose mandate, derived from Section 182 of the Constitution read with Section 181, is to support and strengthen constitutional democracy by investigating and redressing maladministration or improper conduct in state affairs. Section 182 of the Constitution states that: “(1) The Public Protector has the power as regulated by national legislation a) to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; b) to report on that conduct; and c) to take appropriate remedial action.

Co Const stit itutional utional Man anda date te (2 (2) (2) The Public Protector has the additional powers and functions prescribed by national legislation. (3) The Public Protector may not investigate court decisions. (4) The Public Protector must be accessible to all persons and communities. (5) Any report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.”

Addi diti tiona onal l Key S y Sta tatu tutory tory Man andate te Area eas 1. Maladministration Mandate (Public Protector Act 23 of 1994) 2. Anti-corruption Mandate (Shared Enforcement of the Prevention and Combating of Corrupt Activities Act 12 of 2000) Sole Agency Supporting Enforcement of the Executive Members’ 3. Ethics Code (Executive Members’ Ethics Act 82 of 1998) 4. Safe haven for whistle-blowers (Shared under Protected Disclosures Act 26 of 2000) 5. Review of decisions by the NHRBC (Housing Protection Measures Act 95 of 1998) 6. Resolving Access to Information Disputes until Information Regulator takes over

Repor ort t si since ce joini ning ng th the e office ice(1 (1)  Chairperson and Honourable Members; ten (10) days from today, on the 22 nd anniversary of the opening of the Public Protector South Africa, I will be marking exactly 365 days in office.  Having declared during the race for the replacement of the then outgoing Public Protector that I would hit the ground running if appointed to the position, it is worth reflecting on the last 12 months to see how the team and I have fared.  The exercise of my investigative and remedial powers during the period under review was anchored on an eight-pillared plan that the team and I call the Public Protector Vision 2023.

Repor ort t si since ce joini ning ng th the e office ice(2 (2)  This Vision is about making the kind of impact, on governance in state affairs, that will be felt at the grassroots.  It involves ensuring far- flung communities’ access to the Public Protector, communicating with such communities in their mother tongues, expanding the reach of the Public Protector through additional service points, entering into Memoranda of Understanding with other institutions to advance our plans, turning the Public Protector South Africa into a safe haven for the poor, empowering people to know their rights , encouraging state organs to establish effective internal complaints resolution mechanisms and ultimately empowering people to be their own liberators and Public Protectors.

Repor ort t si since ce joini ning ng th the e office ice(3 (3)  The following are some of the highlights of the achievements registered since the roll out of the vision: a) I inspired the team to finalise 10 787 cases out of a total workload of 16 397. Nearly 50% of the matters finalised were upheld, meaning we helped over 5000 people to exact accountability on the state and to vindicate their rights. b) An overwhelming majority of the matters finalised are what we call “bread and butter” issues. Such matters do not result in formal and published investigation reports, which is why only 17 reports were issued during the year under review. c) The reports in question, which are comprehensively summarized in the Annual Report, cover and shine the light on a wide range of issues – from whistleblower victimization and problems with workmen’s compensation to the plight of small business people and the violation of executive ethics. d) Five of the reports are subject of judicial review processes. These are CIEX; Kagisano-Molopo Local Municipality; Bapo Ba Mogale; Limpopo Department of Transport, Safety and Liaison and Department of Arts and Culture matter. The five represent 19.2% of all the reports issued.

Repor ort t si since ce joini ning ng th the e office ice(4 (4) e) Our constitutional mandate is not limited to investigation. Equally important is the need to be accessible to all persons and communities as envisaged in section 182(4) of the Constitution. In line with this imperative, which is also the cornerstone of Vision 2023, we left the comfort of our offices to travel far and wide in efforts to take our services to the doorsteps of far-flung communities. f) To this end, as much as 803 community outreach clinics were held across the nine provinces. During such events, not only are communities taught about who we are, what we do and why they need to know all that; they are also given the opportunity to lodge complaints for investigation. A significant portion of the 9 563 new complaints that we received during the reporting period came through this stream. In addition to these clinics, I embarked on a nationwide tour of provinces during the last quarter of the year under review to introduce myself, lay out my plans and consulted stakeholders on them. Some of the complaints came from these interactions. g) An example is a systemic investigation concerning the relationship between traditional leaders and other spheres of government, which allegedly hampers service delivery to communities residing on tribal land. Hearings in this regard will be conducted during the Good Governance Week later this month (October 2017)

Repor ort si since ce joining ning the office ice (5)  Taking the matter to judicial review does not necessarily mean that there is anything wrong with report, but people are free to exercise their rights. There are several reports which have been taken on judicial review and most of those applications were dismissed with costs by court. This include the following matters:-  On 16 February 2017, the court dismissed with costs an application for judicial review brought by National Department of Basic Education and costs in the amount of R295 695.47 was recovered from the department.  20 October 2016, the court dismissed with costs an application for judicial review brought by Minister of Home Affairs . This application is on appeal.  On 13 March 2017, the court dismissed with costs an application for judicial review brought by Minister of Agriculture, Forestry and Fisheries . We are recovering cost of R772 946.37 from the department.  On 26 th September 2017, the court dismissed with costs an application for judicial review brought by Senqu Municipality.

Repor ort si since ce joining ning the office ice (6)  Low staff morale has been managed through:  implementing Occupational Special Dispensation (OSD)  coaching for senior and executive managers.  Improvement in performance on investigations.  Training conducted by the Deputy Public Protector on quality assurance, report writing, procurement law and investigation manual.  Increase official participation bursary scheme for further development;  13 Executive and Senior managers are attending the Executive Development Programme offered by the University of Pretoria

Repor ort since ce joining ning the office ice (7)  I am pleased with these modest achievements, considering that the team and I were swimming against the tide, with certain quarters in society directing sustained and unwarranted attacks at us. I am proud of the team for remaining focused on the job at hand despite the distractions.  There is always room for improvement. We are currently redoubling our efforts to register more achievements as we march towards the realization of the goals we have set for ourselves under Vision 2023. Accordingly, I have signed 10 reports that we will be publishing once the relevant complainants and Organ of States have been communicated with.