Public Protector Adv Thuli Madonsela on Thursday launched her office’s Stakeholder Dialogue for 2014 in Gauteng, applauding Premier David Makhura’s open-mindedness towards the powers and functions of her office.
This year’s dialogue, themed “Joining Hands in Partnership against Maladministration and Corruption”, focuses on enhancing working relations between the Public Protector and organs of state.
The launch at Wits Business School in Johannesburg took the form of a panel discussion between the Public Protector, Premier Makhura, Speaker of the Provincial Legislature Ntobi Mekgwe and the Executive Mayor of the City of Johannesburg Parks Tau.
Addressing the launch, the Public Protector said at the centre of the dialogue was the need to solidify synergies between her office and government, with a view to ensuring seamlessness in public service delivery.
She said her office had been established by the Constitution to whisper to government when the latter had “missed some spots” during the execution of its responsibilities, adding that she expected government to concede once it is found to have missed spots and make amends.
Quoting the late former President Nelson Mandela, the Public Protector said it was crucial that the state is seen to not be part of the problem but part of the solution.
She quoted from sections 181 and 182 of the Constitution, reiterating among other provisions the responsibility of organs of state to assist and protect independent constitutional institutions such as her office to ensure their independence, impartiality, dignity and effectiveness, and that no person or organs of state may interfere with their functioning.
Asked why she released her investigation reports through the media instead of Parliament, the Public Protector referred to constitutional and legislative provisions that require that any of her reports must be open to the public unless exceptional circumstances require that the reports be kept confidential.
She explained that the intention of the law in this regard was to include the public in the dialogue on the findings and not confine the conversation only to state actors.
“Sunshine is the best disinfectant,” the Public Protector said. “What do we lose when the actual owners of public power, the public, participate in that dialogue?”
In response to a question on whether she disliked being taken to court by organs of state that have issues with her findings, the Public Protector said she didn’t.
However, she indicated that she preferred using courts as a last resort in the event a parliamentary debate on a matter concerned could not put the issue to rest.
Premier Makhura said his government was committed to implementing the reports of all institutions established in terms of chapter 9 of the Constitution, including the Public Protector.
“When members of the public come to you to complain about government we can’t complain about you as government. We have to look at the issues,” he said, telling the Public Protector that his government would “listen when you whisper.”
The Premier said there were many issues that his government would not wait until they are brought to the attention of the Public Protector before addressing them.
“We want to halve the issues that come to you,” he told the Public Protector. “Most of the issues that come to you can be resolved by us. They just need our will to act. Sometimes we are not humble enough to admit when we are wrong.”
Hon. Mekgwe undertook to work jointly with the Public Protector to strengthen oversight work in the province. She said her office was planning a workshop with the Public Protector’s office in Gauteng to strengthen cooperation and understanding of role.
Mayor Tau announced that through, among other things, the assistance of the Public Protector, the City of Johannesburg had passed a bylaw that would see the establishment of an Ombudsman office to deal with service delivery complaints against the metro.
He said the office, once established, would relief the Public Protector’s Gauteng office, which has the largest workload when compared with other provincial offices of the Public Protector.
The Public Protector later proceeded to Orlando in Soweto, where over a thousand members of the public packed the local hall to interface with her on their service delivery grievances. The event also doubled as the commemoration of Women’s Month.
The majority of complaints related to alleged RDP housing irregularities, administration of estates, social grants, land and police conduct. The Public Protector undertook to take up the matters with the relevant authorities before reverting to the complainants in a few weeks. She promised to go back in the company of appropriate authorities.
The Public Protector also paid tribute to local stalwarts of the struggle against apartheid and women’s rights, including Albertina Sisulu and Winnie Madikizela-Mandela.
The next stakeholder dialogue will take place in Nelspruit, Mpumalanga. Details will be communicated in due course.
Enquiries:
Kgalalelo Masibi, Spokesperson for the Public Protector
Tel: 012 366 7006
Cell: 079 507 0399
E-mail: kgalalelom@pprotect.org
