The Premier of KwaZulu-Natal, and Chancellor of the University of KwaZulu-Natal, Dr Zweli Mkhize,
Minister of Justice and Constitutional Development, Mr Jeff Radebe,
The President of the African Ombudsman and Mediators Association, Honourable Paolo Tjipilica,
Vice Chancellor of the University of KwaZulu-Natal, Professor William Makgoba,
The Public Protector of South Africa Advocate Thuli Madonsela,
The Executive Committee
Distinguished guests,
Ladies and gentlemen,
I take pleasure in welcoming the heads of African ombudsperson institutions to our country.
We feel highly honoured to host you given your important responsibilities of protecting the rights of the people, especially the poor.
We value this responsibility highly in South Africa as our society is based on a strong human rights ethos, which we had to develop to transform our society which had emerged from a history of colonial and racist oppression.
Our country has developed into a thriving and vibrant constitutional democracy in the past 17 years.
Our democracy is based on values that have been perfected over a century of struggle for freedom, human rights and a better life for all.
There have been various critical milestones during this century of struggle which have helped to shape the kind of society we live in.
One of these milestones was the adoption of the Freedom Charter in 1955 at a large gathering of people from all walks of life, united by the quest for freedom, justice and a better South Africa for all.
The Freedom Charter is one of the key foundations of all our progressive policies, legislation and programmes. Some of its provisions have found expression in the Constitution of the Republic.
Like the Charter, the Constitution stipulates that we will build a democratic and open society in which government is based on the will of the people and in which every citizen is equally protected by law.
Likewise, the Freedom Charter states that no government shall justly claim authority unless it was based on the will of the people.
The Constitution also enjoins the people of South Africa to establish a society based on democratic values, social justice and fundamental human rights, which are also expressed in the Freedom Charter.
Our history of struggle led us to ensure that our Constitution contains a unique Bill of Rights which entrenches and promotes socio-economic rights.
South Africans are entitled to basic services such as water, social security, housing and others in addition to political and human rights.
We are proud of this human rights based society and the constitutional democracy that we have built on very strong foundations forged in struggle.
It is costly for government, it is time consuming due to long consultative processes that must take place before decisions are made, but it ensures stability, progress and social cohesion.
To ensure that our people enjoy these rights, our Constitution establishes institutions in Chapter 9, designed to protect and strengthen our Constitutional democracy.
These institutions, are the Office of the Public Protector, the South African Human Rights Commission, the Office of the Auditor General, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Electoral Commission and the Gender Commission.
The institutions are independent and must be impartial. They are subject only to the Constitution and the law. In terms of the Constitution, they exercise their powers and perform their functions without fear, favour or prejudice.
The Constitution also states that other organs of state, through legislative and other measures, must assist and protect these institutions to ensure their independence, impartiality, dignity and effectiveness.
No person or organ of state may interfere with the functioning of these institutions.
The Chapter 9 institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.
The Office of the Public Protector, which is our focus today, has to ensure that citizens are protected from violations of their rights, the abuse of power, negligence, unfair discrimination and maladministration.
People will have faith in the office if they know that the Public Protector will act impartially to protect their rights.
Society needs to believe that the Office of the Public Protector will not be influenced by either the complainants or those institutions or individuals that are being investigated.
We in government respect the constitutionally guaranteed independence of our Chapter 9 institutions.
We respect the work of the Public Protector even when we disagree with the findings or censure from that office. We respect our Chapter 9 institutions, as well as the judiciary and Parliament the other two independent arms of the State.
We value these institutions of our democracy because we are proud of the Constitution of our country which we worked so hard to develop.
I am sharing the South African experience with the colleagues of our Public Protector from the African continent because ombudspersons have an important role to play in entrenching a culture of accountable governance and in strengthening democratic institutions in our continent.
I am pleased that more African countries have established offices of ombudspersons since Tanzania established the first office in the African continent 42 years ago.
We need to encourage countries that have not established these important institutions to do so.
Part of the source of this encouragement, it seems to me, is the manner in which the offices of ombudspersons conduct themselves.
The role of these institutions is to serve as an avenue through which citizens exercise their rights and hold their governments accountable.
It is also to forge close relations between those entrusted with power and the governed.
This is an enormous responsibility. It should be undertaken with prudence, diligence and care.
Most importantly, the ombudspersons are a powerful relief mechanism for the poor which is why they should be accessible to all.
In this regard I was pleased to read the Service Pledge by Advocate Thulisile Madonsela, our Public Protector, in the Annual Report of the Public Protector for the financial year 2009 to 2010.
She pledged to be accessible to and be trusted by all persons and communities, take prompt remedial action, and promote good governance in the conduct of all state affairs.
I would encourage that this important pledge by our Public Protector be emulated by our government departments.
Another critical step the offices of ombudspersons can take to promote legitimacy and support from ordinary citizens is not only through holding powerful people in our society accountable.
While taking on the powerful is of utmost importance, the Offices of Ombudspersons must also prioritise taking up cases that directly affect ordinary citizens.
An exemplary case in this regard concerned the construction of the Nandoni Dam near Thohoyandou where people from ten villages in the area complained that the construction of the dam negatively affected their livelihoods and they were not compensated for their losses.
Upon conducting an investigation the Public Protector found that the complaints by communities were legitimate. A similar case involves a widow who was not assisted in claiming the pension benefits of her husband. Also in this case, the Public Protector intervened to protect the right of a powerless citizen.
It may sound unimportant to those who have access to resources, but to the beneficiary it was a powerful intervention that contributed a great deal to improving her living conditions.
I also have personal experience of seeking relief from the Public Protector, having complained about abuse of power a few years ago.
I am now on the other side of the fence as Head of State and I am constantly in trouble with the Public Protector!
It is through holding the powerful accountable, and assisting the powerless that offices of ombudspersons will gain support from ordinary citizens.
Ladies and gentlemen,
We welcome the fact that plans are underway to formalise relations between the African Union Commission and this Association of African Ombudspersons.
A closer working relationship between the two organisations will ensure that their work and influence reach every corner of the continent.
We hope that these relations will extend to other progressive and important African bodies such as the Pan African Parliament and the African Human Rights Commission.
Ladies and gentlemen,
It is with our great appreciation of the role of ombudspersons that we today congratulate you on the launch of the African Ombudsperson Research Centre.
This gives effect to the resolution of the first General Assembly of the African Ombudsperson and Mediators Association, held in Johannesburg in 2005, to establish the centre at a South African university.
Serving as a focal point for ombudsperson institutions across the African continent, the Centre we are launching today will be a source of important information.
Most importantly, the role of the Centre will be crucial in providing training and capacity building for ombudsperson institutions and advocating for the promotion of ombudsperson ideals.
For years, officials from ombudsperson institutions had to dig deep into their pockets in order to build their capacity by going abroad for training opportunities.
We hope that this facility will bridge that gap and that we will begin to see officials from all over the continent coming to Durban for their training needs.
We should also note that the opening of the Centre takes place during what is undoubtedly a critical moment and potentially a turning point in the African continent.
We are witnessing massive protests in North Africa and some parts of the Arab world which are simply unprecedented in that region.
These protests are led by the young and the old and by men and women who are drawn from rural and urban areas.
Their rallying call is simple. The people want to participate in the affairs of their own countries. They want government that represents their aspirations and which is responsive to their needs.
The history of our own country, South Africa, has taught us that there is no force, however mighty, that can defeat a people who demand participation in the running of their country.
Exile, torture, jail, or even killing did not succeed to stop the masses of South Africa from demanding their freedom and cannot succeed anywhere else.
Nothing can stop a people hungry for freedom, especially when they can see that their liberation is in sight and is achievable.
The simple truth of the matter is that the future of the African continent lies in building strong institutions which are democratic, accountable and responsive to the aspirations of their citizens.
There can be no turning back for the African continent. The Constitutive Act of the African Union states clearly what type of Africa we all want to live in.
All African peoples want freedom, peace, stability, good governance, respect for their human rights, access to basic services, jobs and prosperity like all people in the world.
This year is also critical for the African continent for another reason. Several countries across the continent are holding elections this year.
The critical test we all face is to ensure that these elections are conducted in an environment that is peaceful and stable so that the will of the citizens can be freely expressed.
These elections should help to entrench and promote democracy in the continent, as democracy is the only real guarantee for peace and stability.
Once again, I wish to extend my congratulations to your Association for the establishment of this Centre we are opening today.
And I thank your colleague, our Public Protector, for inviting me to be part of this important occasion.
I thank you.
Source: The Presidency
