Thuli Madonsela’s tenure at the helm of the office of the public protector of South Africa has significantly raised the profile of the institution. This was mainly due to several high profile and controversial cases being referred to the office for investigation and adjudication.
The cases that received extensive media coverage included investigations into irregular spending and expenditure in government departments. There was also extensive coverage of an investigation into the Passenger Rail Agency of South Africa (Prasa), as well as the probe into ”state capture”.
But, far from the limelight, the public protector has also been instrumental in assisting individuals who grapple with unfair treatment from government departments and other public institutions. The office does lesser-known, yet equally important work.
The annual report of 2015-16 indicates the office received 17 374 cases, finalised 12,735, and carried over 4 251 to the next year. The remainder were either referred to other institutions or dismissed. In the previous year the office finalised 20 231 cases out of a total caseload of 26 070, while 2 740 complaints were referred to other competent bodies such as the Public Service Commission.
Defending people’s rights
The key function of the public protector is to promote good governance and access to justice for the poorest people. The office acts as a defender of people’s rights against the abuses of public office, corruption, mismanagement and negligence.
The office is one of the bodies established to strengthen South Africa’s constitutional democracy, known as Chapter 9 institutions.
In executing this mandate, the public protector handled a variety of concerns. In 2015-16, these included:
- intervening in the deadly conflict at Glebelands Hostel in Umlazi, Kwa-Zulu Natal. Although the investigations are ongoing, the pffice of the public protector identified the source of the conflict. It notified the premier of Kwa-Zulu Natal, averting the further loss of lives;
- remedying the improper awarding of a construction tender and addressing allegations of irregular payments in a government housing project in Uitenhage, Port Elizabeth. The public protector’s investigation found that the tender had been irregularly awarded. The municipality was instructed to pay the outstanding amount, with interest, within 30 days and apologise in writing to the complainant;
- resolving a complaint lodged by a student against the University of Pretoria for maladministration and the reporting of inconsistent examination marks for a special examination written by the complainant. The complaint was subsequently resolved following intervention by the public protector. The complainant’s scripts were remarked and a letter of apology was issued by the university; and
- a complaint was lodged against a local municipality for undue delay. The municipality was negligent in processing the documentation relating to the payment of the deceased employee’s benefits. The public protector directed the municipality to compensate the deceased’s family for the financial losses incurred.