The Public Protector was set up in terms of South Africa’s Constitution to investigate complaints against government agencies or officials.
The office of the The Public Protector is one of six Chapter 9 institutions, identified in the Constitution as “state institutions supporting constitutional democracy”. (Image: Corruption Watch)
Brand South Africa reporter
Find out all about South Africa’s Public Protector.
Public Protector was set up in terms of Chapter 9 of South Africa’s Constitution to investigate complaints against state agencies or officials. It is one of six Chapter 9 institutions, identified in the Constitution as “state institutions supporting constitutional democracy”.
According to Chapter 9 of the Constitution, the Public Protector has the power, as regulated by national legislation:
The five other state institutions supporting constitutional democracy are:
The Public Protector investigates alleged misconduct involving the state. This includes public officials at all levels, from central and provincial government to state departments, local authorities and state-owned enterprises.
Countries across the world have offices similar to the Public Protector, institutions that investigate and provide a check on improper government activity, in the interest of the citizenry. These are variously called the “ombudsman” or “people’s defender”.
Yes. According to the Constitution, the Public Protector and all other Chapter 9 institutions “are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice”.
The Constitution goes on to say: “Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. No person or organ of state may interfere with the functioning of these institutions.”
Anyone can complain to the Public Protector. The Constitution says: “The Public Protector must be accessible to all persons and communities.”
According to a parliamentary report released on 5 November 2013, the Public Protector received 37 770 complaints in the previous year — up more than 10 000 on the number of complaints registered in 2011-12. It takes from a couple hours to three months to resolve a single case, depending on its nature; the parliamentary report stated that 37% of cases were resolved in three months.
The Public Protector has been described as a referee, tasked with looking at all sides of a problem. If the complaint is justified, a solution is put forward, which may include recommending changes to the system.
The Public Protector can also report a matter to Parliament, which will then debate the matter and see to it that the recommendations are followed.
According to the Constitution, “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.”
The Public Protector is appointed by the president on the recommendation of the National Assembly in terms of the Constitution for a non-renewable period of seven years.
Advocate Busisiwe Mkhwebane became South Africa’s fourth Public Protector in October 2016. She was appointed by President Jacob Zuma, after being recommended by a special parliamentary committee.
Mkhwebane is an advocate of the high court and a specialist in refugee and immigration law. She has held positions in the Department of Home Affairs and the South African embassy in the Republic of China. She previously also worked in the Office of the Public Protector as a senior investigator and an acting provincial director for Gauteng. Mkhwebane was also a senior researcher at the South African Human Rights Commission.
Mkhwebane replaced Advocate Thulisile Madonsela, who completed her term in October 2016. Madonsela replaced Advocate Lawrence Mushwana, who completed his seven-year term as Public Protector on 16 October 2009. South Africa’s first Public Protector, Advocate Selby Baqwa, served from 1995 to 2002.
Some notable decisions by South Africa’s Public Protector include:
Reviewed 17 May 2016
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