Address by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at the Re-launch and Training Session of the African Ombudsman Research Centre, held at the Senate Chamber Hall, University of KwaZulu-Natal, Westville Campus, Durban, Monday, 23 March 2026
Programme Director, Ms Makamandela-Mguqulwa,
The Public Protector of South Africa, Adv Kholeka Gcaleka,
The Speaker of the KwaZulu-Natal Provincial Legislature, Ms Nontembeko Boyce,
The Deputy Public Protector of South Africa, Adv Dinkie Dube,
The Member of the Portfolio Committee on Justice and Constitutional Development, Mr Oscar Mathafa,
Ombudsman of Angola and The President of the African Ombudsman and Mediators Association, Dr Antónia Florbela de Jesus Rocha Araújo,
The Deputy Director General for Global Governance and Continental Agenda at DIRCO, Ambassador Xolisa Mabhongo,
The Ombudsman of Seychelles and President of International Ombudsman Institute’s Africa Region, Mr George Robert,
The Public Protector of Zambia, African Ombudsman and Mediators Association Secretary-General and International Ombudsman Institute’s Treasurer, Ms Caroline Sokoni-Zulu,
The Deputy Vice-Chancellor (Research and Innovation) of the University of KwaZulu-Natal, Prof Anil Chuturgoon,
Ombudsman and Public Protectors,
Members of the African Ombudsman and Mediators Association (AOMA),
Members of the International Ombudsman Institute (IOI),
Africa Ombudsman Research Centre Board Members,
Representatives of the United Nations, Commonwealth and other partner organisations,
Online participants, colleagues, and friends,
Sanibonani. Ninjani?
Dumelang! Le kae?
Goeie môre. Hoe gaan dit?
Ndaa! Ndi Matsheloni. No vuwa hani?
Habari za asubuhi! Mhali gani?
Bonjour. Comment allez vous? Soyez les bienvenus a l’Afrique du Sul
Bom dia. Como vai? Sejam bemvindos a Africa do Sul.
It is a great honour to welcome you all here today to South Africa, and to KwaZulu-Natal, a province of rich heritage and vibrant spirit, for this important gathering.
I also bring with me the greetings and warm wishes of Minister Mmamoloko Kubayi, the Minister of Justice and Constitutional Development.
It is significant that we gather here today on Southern Africa Liberation Day.
President Ramaphosa, as Chairperson of SADC, has issued the following statement:
“Once again on this day, 23 March 2026, we celebrate the Southern Africa Liberation Day – one of the most significant milestones in our shared journey toward freedom and independence as a regional community.
We honour, with deep respect and gratitude, the brave men and women who stood at the forefront of the struggle to liberate the Southern African region.
Through their unwavering commitment and resilience, many freedom fighters and ordinary citizens made immense sacrifices in the fight against colonial rule and apartheid, laying the foundation for the peace, dignity, and sovereignty we uphold today.”
We gather here today to take forward this noble struggle.
We welcome you as we celebrate the 30th Anniversary of the adoption of our Constitution in 1996.
We are doing so under the theme: One Constitution, One Nation: Reflect. Renew. Recommit.
Therefore, I respectfully request that we all rise, whether in body or in spirit, and recite the Preamble to the Constitution of the Republic of South Africa:
“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to –
• Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
• Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
• Improve the quality of life of all citizens and free the potential of each person; and
• Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
The Preamble is a powerful reminder of where we come from, who we are, and the values that inform what we seek to become as a nation.
The Constitution has served as both a legal foundation and a moral compass, guiding the nation through turbulence and triumph, transformation, and trial.
The commemoration must be a national civic renewal campaign — a coordinated, multi-sectoral programme that reaffirms constitutionalism as the cornerstone of national identity and as a living instrument for justice, equality, and development.
Cabinet has adopted a programme providing for a yearlong, whole-of-government and whole-of-society celebration. Its goals include:
- Celebrate and reaffirm constitutional values.
- Educate and engage citizens, especially the youth.
- Reflect and evaluate the performance of democracy.
- Promote the rule of law in everyday life.
- Strengthen institutional trust and accountability.
- Foster national unity and social cohesion.
- Recommit to transformation of our society.
Just like the constitution making process, the national commemoration will be an inclusive initiative involving multiple stakeholders, including government departments, Chapter 9 institutions, civil society, organised labour, business, traditional and religious leaders, youth formations, and educational institutions.
The programme will include public dialogues, civic education, cultural events, youth engagements, symbolic events at historic sites and other community driven initiatives to deepen constitutional awareness and social cohesion.
The continued vitality of the Constitution depends on the confidence and participation of the people as well as the resilience of its institutions.
Since the dawn of our democracy, we have understood, respected, and supported the vital role of the Public Protector, one of the preeminent institutions created by the Constitution to support our constitutional democracy.
Last night, I stayed with a comrade and friend of mine in eThekwini.
He is a veritable walking library. He also has an extraordinarily rich and extensive personal archive stretching over decades of our struggle to defeat colonialism and apartheid and to build a united, non-racial, non-sexist, democratic, and prosperous South African nation.
Amongst his papers, I found the documents of the ANC’s 49th National Conference, held from 17 to 21 December 1994 in Bloemfontein under the theme: From Resistance to Reconstruction and Nation-Building.
I was one of the 2853 delegates to that conference.
I was then also a recently elected, and much younger and less grey, Member of Parliament, and, by extension, also a member of the Constitutional Assembly.
The conference documents contain a very substantial section on constitution making.
Under the heading, “Public Protector and the various commissions” the document says:
“There shall be a public protector (ombud) charged with ensuring clean government, free of corruption, rudeness and maladministration. The Constitution shall protect the independence of these institutions, by requiring their appointment by Parliament with a 2/3 majority and protecting them from dismissal save on grounds of incapacity or misconduct.”
Former President Nelson Mandela explained the thinking behind the creation of the Public Protector to the African 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.
However, we are not yet out of the woods, much still need to be done in terms of transformation.
In this sense, therefore, our Public Protector’s office is not only a critical instrument for good governance.
It also occupies a central place in the transformation of the public service by, among other means, rooting out the arrogance, secrecy and corruption so rampant during the apartheid years.”
The role and powers of the Public Protector were dealt with extensively in the First Constitutional Certification judgment of 1996.
The Court emphasized that the Public Protector was not just another government office, but a cornerstone of accountability in the new democratic order.
Since the dawn of democracy, the Public Protector has played a central role in our constitutional democracy, including the investigation of high-profile cases of corruption and maladministration.
The Public Protector began its work on 1 October 1995. Advocate (now Judge) Selby Baqwa was the first Public Protector. Initially the office had a staff complement of just eight.
Some three decades later, we celebrate not only the institution but its enduring legacy of courage and service.
The Public Protector has stood firm in the face of adversity — exposing corruption, investigating improper conduct, and ensuring that no one is above scrutiny.
Among the key milestones that have shaped its reputation are investigations into, amongst others:
- Sarafina II (1996) (the Department of Health’s use of a R14.3 million EU donation for an AIDS awareness play)
- The Arms Deal (a multi-agency probe into a R43 billion defence procurement programme)
- State capture (the investigation that led to the Zondo Commission, a defining moment in the fight against systemic corruption.)
While these high-profile cases drew national attention, the true strength of the institution lies in its service to ordinary citizens — ensuring that local maladministration is addressed swiftly and fairly.
By 2024/25, the Office of the Public Protector, under the leadership of Adv Kholeka Gcaleka, managed over 10 000 cases, finalised 2 systemic investigations, and conducted 147 stakeholder engagements.
The organisational structure of the PPSA now provides for 567 posts.
Regrettably, only 372 have remained funded over the years.
Notwithstanding our constrained fiscal environment, after discussions with the National Treasury, an additional R65 million has been allocated over the next three years to strengthen capacity, alongside R48 million over three years from Criminal Asset Recovery Account (Cara) Funds.
Despite these constraints, the Office continues to innovate — improving complaint resolution and stakeholder engagement and developing alternative dispute resolution mechanisms.
Through systemic investigations, the Public Protector identifies structural challenges affecting people’s daily lives — from healthcare and education to social grants and transport.
The last six systemic investigations have strengthened human rights protection for vulnerable groups.
Government continues to reaffirm its full support for the independence and constitutional role of the Public Protector.
The Evolving Mandate of Ombudsman Institutions
Ombudsman and Public Protector institutions were originally conceived as mechanisms to address maladministration and provide citizens with a channel to lodge complaints against government agencies.
Over time, however, their mandate has evolved significantly.
Today, they are not only complaint-handling bodies – they are proactive institutions that safeguard human rights, promote accountability, enhance access to justice, fight corruption and strengthen the rule of law.
Their role has expanded to include monitoring public administration, advising on policy reforms, and ensuring that governance structures remain fair and transparent.
This evolution reflects the growing complexity of modern governance and the need for institutions that can adapt to new challenges such as corruption, inequality, and the erosion of public trust in government.
Ombudsman institutions and access to justice, fighting corruption and strengthening the rule of law
Ombudsman, Mediator, and Public Protector institutions play a crucial role in advancing Agenda 2063 and the United Nations’ Sustainable Development Goals, particularly SDG 16, which promotes peace, justice, and strong institutions.
As highlighted by Ambassador Mabhongo, they strengthen governance by enhancing accountability, improving access to justice, and reinforcing the rule of law.
These institutions expand access to justice by offering a simple and affordable alternative to formal courts. Acting as a bridge between citizens and the state, they allow individuals to challenge maladministration and unfair treatment without high costs.
Through impartial investigations, they ensure justice is accessible to all, especially marginalized and vulnerable groups.
They also play a key role in combating corruption by investigating misconduct, exposing misuse of public resources, and holding officials accountable.
By addressing systemic weaknesses, they promote transparency and reform.
Ultimately, they uphold the rule of law, foster accountability, empower citizens, and support democratic governance and inclusive development.
Challenges faced by Ombudsman
Ombudsman and Public Protector institutions face significant challenges in translating their formal mandates into lasting improvements in governance and service delivery.
While they are constitutionally empowered to investigate maladministration and hold authorities accountable, their impact is often constrained by structural and operational limitations.
These include weak integration into broader governance frameworks, limited linkage between complaint handling and policy reform, and insufficient feedback mechanisms to drive systemic change.
As a result, their findings do not always translate into meaningful administrative improvements.
Additional pressures further limit their effectiveness. Many institutions operate under fiscal constraints, lack adequate resources, and face uneven capacity to conduct complex investigations.
They may also be vulnerable to political pressure or interference, particularly when required to challenge powerful actors.
In contexts like South Africa, the Public Protector has frequently had to confront authority directly, underscoring both the importance and difficulty of maintaining independence in practice.
Clarifying the powers and functions of these institutions is a key step toward strengthening their role. In South Africa, landmark Constitutional Court rulings, most notably in Economic Freedom Fighters v Speaker of the National Assembly delivered in 2016, confirmed that the Public Protector’s remedial actions are binding unless overturned by a court.
This affirmed the office’s authority as a constitutional watchdog, while later judgments emphasized that such powers must be exercised rationally and within constitutional limits.
Progress has been made in improving compliance with remedial actions, with implementation rates rising significantly in recent years.
The percentage of remedial action being implemented has increased from two percent (2%) in 2022-2023 to twenty-nine percent (29%) in 2023 – 2024 and to thirty nine percent (39%) by 31 March 2025.
The Public Protector plans to increase this to at least fifty percent (50%) through robust engagement with respondent institutions during investigations as well as regular dialogues with the Executive.
Fighting corruption
South Africa’s Public Protector, working alongside other stakeholders, is central to building a strong constitutional framework to combat corruption and maladministration.
This effort is guided by the National Anti-Corruption Strategy (2020–2030), which promotes accountability, ethical governance, and improved service delivery.
The strategy’s six pillars align with the Public Protector’s expanded objectives, which focus on protecting the public—especially vulnerable groups—from maladministration while fostering a culture of integrity within the public sector.
The fight against corruption is multi-faceted, combining institutional reform, legislative measures, and coordinated enforcement.
A key area of focus is strengthening whistleblower protection. The National Anti-Corruption Advisory Council has recommended enhanced safety measures, increased public awareness, and stronger support systems for whistleblowers.
Existing legal frameworks, such as the Protected Disclosures Act, the Witness Protection Act, and the Prevention and Combating of Corrupt Activities Act, provide a foundation, but ongoing reforms aim to create a more comprehensive and effective protection system.
Recognising that legislation alone is insufficient, efforts are underway to improve cooperation among enforcement bodies.
The consolidation of the Anti-Corruption Task Team, which includes agencies such as the National Prosecuting Authority, Special Investigating Unit, Hawks, SARS, and the Financial Intelligence Centre, seeks to ensure better coordination, information sharing, and joint investigations, particularly in handling whistleblower reports.
Chapter 9 institutions, including the Public Protector, play a critical role in promoting transparency, accountability, and good governance. Strengthening and supporting these institutions is essential to sustaining anti-corruption efforts and building public trust.
Approaches to Institutional Resilience
Institutional resilience in Ombudsman and Public Protector offices depends on three core pillars: independence, visibility, and sustainability.
Independence is secured through constitutional protections and reliable funding, shielding these bodies from political interference.
Visibility ensures that citizens understand their role and know how to access their services, which can be strengthened through public outreach, awareness campaigns, and digital platforms.
Sustainability, in turn, is built through consistent performance, transparency, collaboration with civil society, and the cultivation of public trust.
Together, these elements enable such institutions to remain effective and adaptable in changing governance environments.
A citizen-centred approach further strengthens resilience by placing people’s needs at the heart of governance.
Ombudsman institutions support this shift by simplifying complaint processes, resolving grievances efficiently, and creating feedback mechanisms that improve public service delivery.
This moves governance away from rigid bureaucracy toward responsiveness and inclusivity.
When individuals feel heard and protected, trust in public institutions grows, access to justice improves, and human rights are more effectively upheld.
Examples across Africa demonstrate this impact. South Africa’s Public Protector has exposed high-level corruption, while similar institutions in Uganda and Kenya have enhanced accountability, transparency, and service delivery, reinforcing democratic governance.
Conclusion
In conclusion, Ombudsman institutions in Africa are far more than complaint-handling bodies; they serve as vital guardians of accountability, justice, and citizen empowerment.
With the support of regional bodies such as African Ombudsman Research Centre (AORC) and AOMA, these institutions are becoming increasingly resilient, visible, and sustainable, strengthening their ability to promote good governance across the continent.
AORC has played a key role in building institutional capacity through knowledge-sharing, training, and collaboration.
I was very fortunate to have been present at its launch on 15 March 2011, during my first tenure as Deputy Minister of Justice and Constitutional Development.
Its relaunch signals a renewed commitment to expanding its impact, enhancing professional development, and fostering stronger cooperation among Ombudsman and Public Protector offices.
This positions Africa to take a leading role in governance reform.
As conclude, I would like join Adv John Walker in saying that I too missed the Anthem of the African Union at the opening of our meeting.
Therefore, I would like to conclude with these words:
“O Sons and Daughters of Africa
Flesh of the Sun and Flesh of the Sky
Let us make Africa the Tree of Life
Let us all unite and celebrate together
The victories won for our liberation
Let us dedicate ourselves to rise together
To defend our liberty and unity.”
I thank you and wish you well in your important deliberations.
