PUBLIC PROTECTOR’S PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES:

2013/14 ANNUAL REPORT 22 OCTOBER 2014

Presented byPublic Protector Adv. Thuli Madonsela

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Presentation Index1. The Year 2013/14 At a Glance2. Mandate, Vision and Mission3. Our Service Promise4. Our Work Ethic5. Our Triaging Process6. Our Investigative Approach7. Remedying Injustices for Gogo Dlaminis8. Making an Impact: Exposing Administrative Fault Lines & Clawing Back Resources9. Making an Impact: Behind the Top Ten Organs of State with Most complaint10. Making an Impact through Leveraging Oversight and Stakeholder Collaboration11. Injustice Unremedied – What then?12. Making an Impact on SA’s African Renaissance and Peace Efforts13. Audited Performance Information: 1 April 2013- 31 March 201414. Unaudited Performance Information: 1 April -30 September 201415. Key Challenges & Mitigation Efforts16. Conclusion and Appeal to Parliament

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1. The Year 2013/14 at a Glance

26 195New cases

26 195New cases

R199 253 000Total Budget Allocation

R199 253 000Total Budget Allocation

39 817Cases Handled by 31

March 2014 (includes 13 622 cases carried over)

39 817Cases Handled by 31

March 2014 (includes 13 622 cases carried over)

314Total Staff complement

(incl. 100 trainee investigators)

314Total Staff complement

(incl. 100 trainee investigators)

9 594Cases carried over

to 2014/15

9 594Cases carried over

to 2014/15

24 642Cases Finalised by

31 March 2014

24 642Cases Finalised by

31 March 2014

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3 072Referred to other institutions with

advice

3 072Referred to other institutions with

advice

3 040Non-jurisdiction cases

(advice provided)

3 040Non-jurisdiction cases

(advice provided)

1. The Year 2013/14 At a Glance: Top Sources of Complaints

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2. Mandate, Vision & MissionAs the Public Protector South Africa, we remain on course in the pursuit of our constitutional mandate, addition al statutory mandates, vision, mission, purpose, principles, values and service promise:•Our constitutional mandate (Section 182 of the Constitution):

“(1) The Public Protector has the power as regulated by national legislation a) to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is

alleged or suspected to be improper or to result in any impropriety or prejudice;b) to report on that conduct; andc) to take appropriate remedial action.

(2) The Public Protector has the additional powers and functions prescribed by national legislation. (3) The Public Protector may not investigate court decisions.(4) The Public Protector must be accessible to all persons and communities. (5) Any report issued by the Public Protector must be open to the public unless exceptional

circumstances, to be determined in terms of national legislation, require that a report be kept confidential.”

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2. Mandate, Vision & Mission (cont.)Key Additional Statutory Mandates Anti-Maladministration Mandate (Public Protector Act 23 of 1994) Anti-corruption Mandate (Shared Enforcement of the Prevention and Combating of Corrupt Activities

Act 12 of 2000) Enforcing Executive Ethics Code Sole Agency Supporting President & Premiers ( ITO Executive

Members’ Ethics Act 82 of 1998) Safe Harbour for Whistle-blowers (Shared withy AG under Protected Disclosures Act 26 of 2000) Review Decisions of NHRBC (ITO Housing Protection Measures Act 95 of 1998) Resolve Access to Information Disputes (as a shared mandate under PAIA until Information Regulator

takes over Alternative Forum under the Promotion of Equality and Prevention of Unfair Discrimination Act

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2. Mandate, Vision & Mission (Cont.)• Our Vision:

A trusted, effective and accessible Public Protector that rights administrative wrongs and consistently acts with integrity to ensure fair, accountable and responsive decision-making, service and good governance in all state affairs and public

administration in every sphere of government.• Our Mission:

To strengthen constitutional democracy in pursuit of our constitutional mandate by investigating, rectifying and redressing any improper or prejudicial conduct in state affairs and resolving related disputes through mediation, conciliation, negotiation and other measures to ensure fair, responsive and accountable public sector decision-making and service delivery.

• Our Purpose: “A conscience of the state to act with integrity and fairness.”

• Our Principles: Accountability, Integrity & Responsiveness & Batho Pele Principles

• Our Values: As outlined in the Report

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3. Our Service Promise

We seek to:

• Be accessible to and trusted by all persons and communities

• Ensure prompt justice, including remedial action

• Promote good governance in the conduct of all state affairs

• Maintain Efficient and effective business systems & economic use

of resources

• An optimal performance and purpose driven culture

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4. Our Work Ethic

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• We continue to balance universal accessibility in compliance with constitutional injunction - section 182 (2) - to be accessible to all persons and communities - promptitude and rigor as non-negotiable justice imperatives.

• Bread and Butter (Gogo Dlamini) cases continue to be given priority under the Early Resolution (ER)Track plus the Service Delivery Track

• With constantly worsening resource constraints, the balancing of universal accessibility, promptitude and rigor gets tenuous each day.

5. OUR TRIAGING PROCESS

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Deciding What we Take & What to Prioritize

INTAKEINTAKE TRIAGINGTRIAGING

NJ/ DECLINE/REFER/ACCEPTNJ/ DECLINE/

REFER/ACCEPT

INVESTIGATE: SD/GGI

INVESTIGATE: SD/GGI

EARLY RESOLUTION

(ADR)

EARLY RESOLUTION

(ADR)

(FORMAL) REPORT

(FORMAL) REPORT

CLOSING REPORTCLOSING REPORTCUSTOME

R SERVICE /REVIEW

CUSTOMER SERVICE /REVIEW

6. Our Investigative Approach

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• On service failure (Service delayed, denied or dissatisfactory) we remain anchored in the Makhadzi Way of ‘Whispering Truth to Power’ principally through Alternative Dispute Resolution (ADR) hence the Makhadzi symbol in our report.

• During ADR we may negotiate or recommend redress and if no deal is reached, we investigate and make a determination on wrongfulness and redress.

6.Our Investigative Approach (Cont.)

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• When we investigate we always ask:- What happened? - What should have happened? - And if there is a discrepancy between the two,

does it amount to maladministration - If so, what would it take to place the

complainant, people or situation, as close as possible to where they would have been but for the maladministration and consequent injustice.

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Case Studies on Joining Hands:The enemy is maladministration and when we keep our eyes on it we all win

The grandmother who got her pension pay out.The homeless RDP Housing victim mother who finally got to be heardThe grandfather who got paid for work done after more than 5 yearsThe student who got paid her allowance after years of struggleThe community that finally got an RDP housing promise

7. Remedying Injustices for Gogo Dlaminis

8. Making an Impact: Exposing Administrative Fault Lines & Clawing Back Resources

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• Impact of systemic service failure on peace and security (The Children Shall Pay)

• Impact of systemic service failure on human rights (Learning Without Books)

• Impact of systemic service failure on developmental objectives: MDG Hearings on Poverty & Health Services

• Excesses in executive benefits and related procurement irregularities uncovered and remedied: Several cases

8. Making an Impact: Exposing Administrative Fault Lines & Clawing Back Resources (cont.)

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Uncovering service impacting supply chain fault lines relating to:

• unnecessary procurement;• undue deviations from IDPs (skielik projects); • over billing; • false billing;• shoddy service delivery;• scope creep;• obscene project cost escalation; and • simple malfeasance.

9. Making an Impact: Behind the Top Ten Organs of State with Most Complaints

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• From Undue Delay to Faulty Service - and even fraudulent confirmation of services - especially in RDP housing;

• Plight of whistle blowers;• Land Claim delays, integrity violations and poor

administration of community property schemes;• Abnormities in sale of state land• Plight of volunteers particularly in health and police

services;• Local government planning, management and leadership

failures reflected in systemic billing and infrastructure delivery failures compounded by conflation of politics and administration

10. Making an Impact through Leveraging Oversight and Stakeholder Collaboration

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•MoUs regulating referrals and other matters of mutual interest•Encouraging establishment of and supporting sector Ombud offices, e.g. Military and CoJ•Changing profile of cases: growth areas and diminishing areas•Forum for Institutions Supporting Democracy (FISD)•Good Governance Forum•Stakeholder Dialogues and Information Documents

11. Injustice Unremedied – What then?

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Sudden resistance to findings & rectifying maladministration and consequent injustice:Mining Rights Case (A missed opportunity)Van Hilligondsberg (Unconscionable delay)The Vhembe Pension Fund story(Equitable Access to Social Security)

12. Making an Impact on SA’s African Renaissance and Peace Efforts

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“OR Tambo Declaration on Minimum Standards for an Effective Ombudsman Institution and Cooperation with the African Union on Strengthening Good Governance” plus the African Ombudsman Summit in February 2014 (gratitude to DIRCO)Supporting AOMA and African Ombudsman offices through Information, Coordination, Training, Advocacy and Research directly and through AORCContribution to Global Ombudsmanship through the International Ombudsman Institute (IOI)Contribution to Public Accounts Committee’s efforts, Anti-corruption and Anti-fraud efforts

13. Audited Performance Information: 1 April 2013- 31 March 2014

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On Strategic Objective 1 – Accessible and trusted by all persons and communities:

• 1971 Mobile clinics were conducted out of an annual target of 1 728 – target was exceeded

• 37 million people reached through our outreach activities – the annual target was 10 million people

• National stakeholder engagements were held in all provinces• Successfully hosted our Annual Good Governance conference and celebrated

Good Governance week

On Strategic Objective 2 - Prompt Justice including remedial action:• Investigative targets – We exceeded our targets of resolving 50% of early

resolution cases within 3 months • We continued to use Alternative Dispute Resolution mechanisms as an

effective mechanism to resolve complaints• On response Protocols all Provinces except (Limpopo and FS) achieved they

targets• Capacity and other challenges undermining finalisation of rest of cases

13. Audited Performance Information: 1 April 2013- 31 March 2014 (cont.)

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On Strategic Objective 3 - Promotion of Good Governance in the Conduct of State Affairs:

• Compliance with EMEA – 100% (technical)compliance achieved as planned• Good Governance Week and Conference hosted in Oct 2013 successfully• Public Protector continued provide secretariat services to African Ombudsman

and Mediators Association & to manage AORC resulting in among others: OR Tambo Declaration & Summit and Two AOMA Research Outputs Database of African Ombudsman development

On Strategic Objective 4 - An Efficient and Effective Organisation:• Unqualified Audit with reduced matters of emphasis• Action Plans developed and implemented to address the audit findings• The ICT Strategy developed and implemented as planned

On Strategic Objective 5 - Optimal Performance and Service Focused Culture:• The human resource plan developed as planned• Employee satisfaction survey conducted successfully and the results of the

survey are being implemented• 4 Benchmarking visits conducted and results integrated in operations• Higher purpose project rolled out across the organisation

14. Unaudited Performance Information: 1 April -30 September 2014

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Quarter 1 (1 April – 30 June 2014)Strategic Objective 1: Accessible and Trusted by All Persons and Communities

• 5 million people reached through our outreach programmes, the quarterly target was 1 million

• 482 Mobile clinics were conducted against a quarterly target of 144• On national events: Youth month was celebrated in Gauteng• Stakeholder Dialogue commenced

Strategic Objective 2: Prompt Justice including Remedial Action• Early resolution turnaround times for 50% disposal in 3 months

exceeded - 60% of cases were resolved in 3 months• Significant progress made in disposal of cases older than a year

Strategic Objective 3: Promotion of Good Governance in the Conduct of State Affairs

• Investigations in terms of the Executive Members Ethics Act conducted as planned

• Project planning for the Good Governance week done• Benchmarking outcomes used to constantly bimprove operations

14. Unaudited Performance Information: 1 April -30 September 2014 (Cont.)

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Quarter 1 (1 April – 30 June 2014)

Strategic Objective 4: Effective Business Systems and Economic use of Resources

• The compliance function was established• AGSA recommendations are being implemented• Cost saving measures are being implemented on an ongoing basis• Business process engineer appointed to work with SITA in redesign and

re-engineering of our business processesStrategic objective 5: Optimal Performance and Purpose Driven Culture

• Recruitment for the post of Senior Manager: Internal Audit was done although a suitable candidate could not be found

• Training needs for staff were identified and management development programmes are being considered pending availability of funds

14. Unaudited Performance Information: 1 April -30 September 2014 (Cont.)

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Quarter 2 (1 July – 30 September 2014)

Strategic objective 1•5 million people have been reached through our outreach programmes against a quarterly target of 2 millionStrategic Objective 2 •Our Early Resolution turnaround times were exceeded in respect of finalisation of 50% of cases within 3 months•Performance in respect turnaround times for complex and high level cases and disposal of cases older than a year improved significantly from the last quarterStrategic objective 3•Preparations for the good governance week are proceeding as planned•On systemic investigations – draft reports have been submitted to Head OfficeStrategic objective 4

• The Compliance Officer was appointed as planned• AGSA recommendations are being implemented Integrated Financial Management System

was implemented effectivelyStrategic Objective 5

The Retention strategy was developed but implementation hamstrung by financial constraints

15. Key Challenges & Mitigation Efforts

• Resources challenges have become acute making it impossible to achieve universal accessibility, thoroughness and promptitude thus undermining access to justice. This is also impacting on the administration.

• Structure approved by Parliament in 2009 for over 500 persons and approved by Treasury after thorough review by DPSA never funded whole work has since doubled.

• Work reorganisation and cost-cutting measures have been inadequate.

• Forced to chose between trainees and formal posts in organisational structure.

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15. Key Challenges & Mitigation Efforts (Cont.)

• Growing public trust in and utilisation of Public Protector services.

• Service is supported by a joining of hands attitude characterising relationship with most organs of state.

• Call for a watered down view on remedial action likely to encourage impunity and deligitimisation of this constitutional institution while feeding into a growing public trust deficit

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16. CONCLUSION AND APPEAL TO PARLIAMENT

Request for:•Immediate funding of approved organisational structure and remedial funding for Trainee Investigators.•Review of organisational structure in light of increase in workload post approval of the unfunded structure in 2009.•Cost saving measures in other organs of state such as not paying lawyers to write simple (initial) letters and structuring procurement contracts to impose punitive costs on service providers delaying delivery instead of making the state pay for service provider faults.

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16.Conclusion and Appeal to Parliament (Cont.)

Requesting Support to Public Protector through:•Ensuring government implements the NDP commitments to strengthen the Public Protector as an anti-maladministration and anti-corruption body through additional resources and skills•Joining hands in seamless oversight by supporting efforts and ensuring implementation of remedial action and cooperation during investigations•Holding state actors accountable for insults to Public Protector in violation of Section 9 of the Public Protector Act

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16.Conclusion and Appeal to Parliament (Cont.)

Requesting Support to Public Protector through:

•Participation in Public Protector Stakeholder Dialogue on Joining Hands Against Maladministration and Corruption•Participating in Public Protector Good Governance Week on Walking the Talk on Good Governance•Noting the Public Protector’s contribution to South Africa’s – African Renaissance and Peace initiatives.•Ensuring that Treasury provides the full R24.3 million requested for 2014/15 supplementary funding and R 61.1 million for 2015/16 fun ding mostly needed for the approved organisational structure, Trainee Investigators and the CMS.

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Thank you!Ro livhuwa!Siyabonga!

Re a leboga!Baie Dankie!

“As long as there is injustice somewhere sustainable peace can never be

experienced anywhere.”

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