Media Statement, Wednesday, 01 October, 2014 Public Protector calls on lawyers advising government to put the country first Lawyers advising government on matters relating to the work of the Public Protector have been urged to do their jobs in manner that builds the South Africa society yearns for rather than for expediency. Addressing a breakfast meeting of the South African Chamber of Commerce and Industry (SACCI) in Johannesburg on Wednesday, Public Protector Adv. Thuli Madonsela said there was no country in the world that had no obligation to act once the people have complained to an Ombudsman and the Ombudsman had done what was required of him or her. “It is often said as lawyers we serve whoever pays us,” she said. “Currently lawyers are giving all sorts of advices to government … Some are openly saying to government ‘do nothing’.” Making examples of how remedies directed by Ombuds in Sweden, the United Kingdom and Uganda were dealt with, Public Protector Madonsela said those countries were no different to South Africa when it came to how Parliament ought to handle reports of independent institutions such as those established under Chapter 9 of the South African Constitution. She explained that when the Auditor-General, a fellow independent institution established under Chapter 9 of the Constitution, presented a report to Parliament, the latter did not second-guess the former. Instead, Public Protector Madonsela added, Parliament looked into who was supposed to have done what and why they were not doing it. Quoting section 182 of the Constitution, Public Protector Madonsela told the meeting that she was given additional powers and function prescribed by national legislation such as the Public Protector Act. Noting that there was no reference to the word “recommend” in the Constitution in respect of her office’s mandate, she described as “mischievous” the “misquotation” of the Public Protector Act in so far as it refers the power to make “recommendations.” “People are being mischievous because the Act talks about ‘recommendations’ as one of the options available for the Public Protector to rectify maladministration,” Public Protector Madonsela said, adding that the key word in the provision was “rectify”. She emphasised that the Act gave her office powers to “resolve” disputes and “rectify” maladministration and abuse of power through mediation, negotiation, conciliation and any other means. Public Protector Madonsela added that her office was the only institution empowered by the Executive Members’ Ethics Act to investigate violations of the Executive Ethics Code. She explained that, legally, no other institution could contradict her office in that regard. “The Act is very clear that we must investigate and report to the President who must then apply his mind and then send the report and his response indicating any comments he has and the action he has taken or is to take to Parliament,” Public Protector Madonsela said. Making the point that corruption in state affairs was a two-way street between those inside and outside government, she called on business formations to help rid government of maladministration by disciplining and training their members and to report any suspected or alleged improper conduct to appropriate bodies. End. For more information, contact: Oupa Segalwe Manager: Outreach, Education and Communication Public Protector South Africa 012 366 7035 072 264 3273 [email protected] publicprotector.org
Posted on: Wed, 01 Oct 2014 13:39:37 +0000
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