Gaye Davis
PUBLIC protector Selby Baqwa has a favourite story he tells to illustrate how his office can help the average individual.
Mrs X approached us about difficulties she was having in getting the pension due to her after her husband’s death last year. He worked for the Venda government, which no longer existed. She couldn’t establish who to turn to and was in dire financial straits.
We investigated and found more than R14 000 was due to her immediately and that she also qualified for a monthly pension. She has now enrolled at university to further her studies.
An advice office might get the same result, he says, but his office carries clout. With powers of search, seizure and subpoena, he can investigate any government department or state official, whether at central, regional or local level. Parastatals also fall under his jurisdiction. His eyes are open not only to keeping civil servants on the straight and narrow, but also to ensuring they treat people with respect.
We are snowed under, receiving complaints from all over the country, but mostly concerning departments involved in delivering services, such as prisons, police, social welfare and home affairs, he said this week.
His workload cases have quadrupled since the former advocate was appointed by Parliament last July, and he has yet to appoint a deputy is one reason he feels he is yet to achieve one of the key tasks he set for himself: carving a national profile so that even the poorest villagers would know where to lodge a complaint if they were getting a raw deal from a government office or official.
We’re working on a communications strategy, to inform people about the office so they use it intelligently and we don’t get drowned in silly complaints, and to promote efficiency in government. We’re focusing on those most vulnerable, such as people who cannot read or write.
While Baqwa recently launched an investigation into conditions at Barberton Prison after a riot there resulted in the deaths of inmates, cases his office is dealing with run the full gamut from bureaucratic lethargy, or arrogance on the part of officials, to tender irregularities and allegations of corruption. Police investigations into customs and excise officers taking kickbacks at Beit Bridge were prompted by his office.
Last January there were 60 complaints and 390 calls to what was still the office of the ombudsman. In November, a month after Baqwa took office, there were 138 complaints and 1 246 calls. His policy is not to turn anyone away, but to refer them to other agencies if necessary.
One surprise has been the discovery that civil servants recognise the role of the office and respect it. He puts this down to acceptance that we are independent, and that if there is a complaint we will not be in favour of one or other party. Civil servants bypassed for promotion or unfairly dismissed are among those who have sought help at his office.
He is due to make his first report to Parliament at the end of June, which will reflect, by way of statistics, which departments are most complained about though he points out that some are more in the firing line, because they are dealing with the public.