Programme Director
Deputy Public Protector, Advocate Mamiki Shai, our guest of honour
Public Protector of South Africa, Advocate Thuli Madonsela, our host
Mr Stanley Motimele, MP
Mr J. B. Sibanyoni, MP
Judge Maluleke,
Dr Enoch Maponya and the Family of Adv Shai
CEO of the Public Protector, Mr Themba Mthethewa, and staff in the Office of the Public Protector
Distinguished guests
Ladies and gentlemen
Comrades and friends
I would like to thank the Office of the Public Protector for organising this special occasion and for inviting us to be part of it. Let me also convey the kind regards of the Minister of Justice and Constitutional Development, Mr Jeff Radebe.
We are gathered here to bid farewell to Advocate Mamiki Shai, the Deputy Public Protector.
Advocate Shai was appointed into the position of the Deputy Public Protector in 2005 and served in that position until now.
We are, indeed, indebted to Advocate Shai for the service which she rendered to our country and its people over her seven year term of office.
Before talking about Advocate Shai, the person, let me reflect on the office of Deputy Public Protector.
In 2003, the Public Protector Act was amended to provide for the position of Deputy Public Protector with the intention to support the Public Protector and further capacitate and strengthen the Office of the Public Protector.
When nominations were invited for the then newly created position of the Deputy Public Protector, Advocate Shai was one of the ten candidates who were nominated and interviewed by an Ad hoc Committee of the National Assembly for the position.
The Ad hoc Committee recommended Advocate Shai for the position of Deputy Public Protector, which recommendation was overwhelmingly endorsed by 257 members of the National Assembly.
On 19 November 2005, President Thabo Mbeki appointed Advocate Mamiki Shai as Deputy Public Protector for a period of seven years with effect from 1 December 2005. That term expires today, 30 November 2012.
Advocate Shai, the person, brought to the Office of the Public Protector legal skills, vast experience and knowledge in the administration of justice and general administration gained in many areas in which she worked and operated, including the projects aimed at community development.
Advocate Shai worked as a public defender in the Johannesburg Justice Centre where she assisted indigent people who needed legal services. In addition to this, Advocate Shai also offered invaluable services to schools on discipline, training, mentoring and motivation.
The appointment of Adv Shai as Deputy Public Protector further strengthened the Office of the Public Protector to be an even more powerful state institution supporting constitutional democracy.
Necessary elements of constitutional democracy are the rule of law, checks and balances, transparency and accountability.
Based on our bitter experience of the abuse of political power by the apartheid regime the South African people were determined in their resolve to put in place a constitutional dispensation that would prevent such abuses from recurring.
The Office of the Public Protector is one of the six state institutions supporting constitutional democracy established in terms of section 181 under Chapter 9 of the Constitution, commonly known as the “Chapter Nine Institutions.”
Former President Nelson Mandela explained the thinking behind the creation of the Public Protector to the Africa Regional Workshop of the International Ombudsman Institution in 1996, as follows:
"We were mindful from the very start of the importance of accountability to democracy. Our experience had made us acutely aware of the possible dangers of a government that is neither transparent nor accountable. To this end our Constitution contains several mechanisms to ensure that government will not be part of the problem; but part of the solution.
Public awareness and participation in maintaining efficiency in government within the context of human rights are vital to making a reality of democracy. Many South Africans can still recall a time when the face of the Public Service was hostile, and a complaint could lead to victimisation or harassment; when access to justice seemed an unrealistic dream. In the new South Africa the face of the Public Service is changing radically.
Indeed, our National Development Plan 2030 makes the important point that,“Political will is essential to combat this scourge. Political will is measured by assessing the amount of money spent fighting corruption, the legal arsenal that corruption-busting institutions have at their disposal, the independence of anti-corruption authorities from political interference and the consistency with which the law is applied.”
It is a significant measure of our political will to combat corruption that:
Despite the extremely challenging fiscal environment that we find ourselves in, funding for the Public Protector has increase by 95.02% over the past five years, from R86.5 million for 2008/9 to a very substantial, R173.77 million for the current financial year. This represents an annual increase of 19% per year. It is significant that, at a time when most departments, including Justice, have suffered severe budget cuts, the Public Protector was one of the few institutions that received additional funds in the adjustment appropriation bill adopted recently in Parliament.
The budget of the South African Human Rights Commission (SAHRC) increased by 66.23% over the past five years from R60.6 million for the 2008/9 financial year to R100.73 million for the 2012/3 financial year. This represents an average increase of 13.25%.
The Special Investigating Unit, at the forefront of our fight against corruption, has seen its budget increase by on average 32.84% per annum over the past five years rising from R116.3 million in 2008/9 to a massive R307.31 million for the current financial year. Over the past three years President Zuma has issued an unprecedented 33 presidential proclamations authorising the SIU to investigate state institutions at national, provincial and local level.
There is indeed a formidable arsenal of legislation that corruption-busting institutions have at their disposal and our institutions enjoy protection, respect and independence.
I would also like to highlight the role being played by institutions such as the National Prosecuting Authority in the fight against crime and corruption.
During the past year the National Prosecution Authority (NPA) has achieved conviction rates of 84,6% in high courts, 73,3% in regional courts and 90,8% in district courts.
Particular attention special attention has been given to eradicating crime and corruption in the Justice Crime Prevention and Security Cluster.
We cannot tolerate wolves dressed in sheep's clothing neither can we tolerate criminals dressed in uniforms of honour that should bring confidence and reassurance to our people. We commend the NPA for ensuring that a total of 69 officials in departments that form part of the JCPS Cluster were convicted for corruption during the second quarter of 2012. Of these 28 were from the Department of Social Development, 31 from the SAPS, 7 from the DoJCD and one each from the Department of Home Affairs and the NPA. They have received sentences ranging from fines of R 5 000 to imprisonment of 14 years.
The Office of the Public Protector of South Africa is vested with power to investigate any improper conduct in state affairs and public administration to ensure that public power and resources are used efficiently and effectively.
Advocate Shai used her skills and expertise to the best of her ability to pursue this important mandate.
Working under the guidance of the former Public Protector, Advocate Lawrence Mushwana, who is now the Chairperson of the Human Rights Commission and the current Public Protector, Advocate Thuli Madonsela and relying on the support of a dedicated team of officials, Advocate Shai did not only assist in investigating the allegations but also in ensuring that reports were produced and that appropriate remedial actions were taken.
I want to recognise in particular the contribution that Advocate Shai made to realising a vitally important aspect of the organisational vision and Strategic Plan of the Office of the Public Protector that was adopted at the beginning of 2010/11.
In line with the Strategic Plan the Public Protector SA has been restructured and the following key changes include the following:
- Intake and Customer Service Component
- Early Resolution Branch (with effect from November 2009)
- Service Delivery Branch
- Good Governance and Integrity Branch
- Legal and Performance Support Component
The Early Resolution Unit or - “ER” as I am reliably told it is known within the office - established in November 2009 at Head Office, flowing from one of the Public Protector Strategic Objectives of “Prompt Remedial Action.”
Adv Shai, as Deputy Public Protector was assigned with the responsibility to establish and roll out the Early Resolution Branch to all offices:
- Undertake preliminary investigations
- Finalise simple investigations
- Prepare appropriate matter for final investigations
- Ensure speedy resolution of complaint through mediation, conciliation and negotiation.
The separation of less complex and urgent matters from investigations was an innovative way of managing the scarce resources within the Office as these no longer have to queue behind complex cases.
In September 2010 the Public Protector reported to Parliament that “the introduction of an early resolution mechanism contributed immensely to the expeditious finalisation of cases and delivery of remedial action in appropriate circumstances including settlements and speedy redress by means of mediation, conciliation and negotiation.”
It was in this environment that Adv Shai, as a skilled mediator, was in her element. She relished the prospect of being able to resolve complex and sensitive disputes and matters where tact, communication, listening and an appropriate measure of empathy are required.
She is a passionate person and was able to speak to people in a manner that showed that she understood their pain, as well as the challenges and frustrations that organs of the state might have experienced. She has the ability to let the parties walk in each other’s shoes.
While many successes and victories have been secured, the complex nature of the constitutional task vested in the Office of the Public Protector means that there will be challenges in the process of executing those tasks.
Having been part of the institution for seven years, Advocate Shai is no doubt able to reflect on both the successes of the office that must be consolidated as well as those areas where challenges remain to be met.
As you are aware, the Department of Justice and Constitutional Development is required to provide assistance to the OPP in line with the provisions of section 181(3) of the Constitution.
In this regard, the Department of Justice, recognising the need to ensure that that Adv Shai’s departure does not leave a vacuum, is urgently facilitating the process of the appointment of her successor with the Presidency.
The Department of Justice and Constitutional Development is also promoting the Determination of Remuneration of Members of Constitutional Institutions Bill which has recently been approved by Cabinet for public comment.
This proposed legislation is founded on the Constitution which provides that national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the broadcasting authority.
At present the various statutes that regulate matters relating to state institutions supporting constitutional democracy provide for different procedures to be followed and different functionaries to play a role in the determination of the remuneration, allowances and other terms and conditions of employment of members of those Institutions. Therefore, the department believes that there is a need to create uniformity as far as these issues are concerned.
In order to eliminate the disparities, the bill proposes amendment of the relevant statutes and uniform procedure to be followed in determining the remuneration, allowances and other terms and conditions of employment and service benefits of members of the Chapter 9 Institutions.
The procedure will require that the president determines the remuneration and benefits of the office bearers in Constitutional Institutions after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers (the Independent Commission). The President’s determination will have to be submitted to parliament for approval before a public notice is issued.
This is meant to ensure that that these crucial Institutions are indeed independent and can fulfill their important constitutional mandates impartially and effectively. Because section 181(5) of the Constitution states that the Chapter 9 Institutions are accountable to the National Assembly, it is appropriate that, in terms of the procedure set out in the Bill, Parliament has the final say in approving the President’s determination, thereby enhancing transparency and accountability.
In conducting its investigation or considering the remuneration, allowances and other term and conditions of employment and service benefits of members of the Chapter 9 Institutions, the Independent Commission will have to consult with the responsible Cabinet member and the Cabinet member responsible for finance.
The Bill relates to the Public Protector, the Deputy Public Protector, the members of the SAHRC, the members of the Commission on Gender Equality, members of the Electoral Commission, members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and the Auditor-General.
On behalf of Government and Department of Justice and Constitutional Development in particular, let me thank you Advocate Shai for serving our country and its people in the manner that you have.
We thank you for your skills and expertise which have helped in many respects, especially in conceptualising and developing systems for the offices of the Public Protector throughout the country.
You agreed to join the Office of the Public Protector at the time when it was still busy developing its systems and structures because of your determination to contribute to building and strengthening our constitutional democracy.
We wish you well in your future endeavours. We trust that you will continue to serve our nation as you have during your term as Deputy Public Protector.
I thank you.
