VISION, MISSION AND CORE VALUES - Public Protector...Adv. Thulisile (Thuli) Nomkhosi Madonsela PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA 31 August 2012. PUBLIC PROTECTOR SOUTH

PUBLIC PROTECTOR SOUTH AFRICA ANNUAL REPORT 2011/2012Accountabi l i ty • Integr i ty • Responsiveness

VISION, MISSION AND CORE VALUES

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.

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.

3 CORE PRINCIPLES

Accountability Integrity Responsiveness

CONSTITUTIONAL MANDATE

Section 181-2 of the Constitution of the Republic of South Africa, 1996 gives the Public Protector the power to support and strengthen constitutional democracy by investigating 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; to report on that conduct; and to take appropriate remedial action. The Public Protector must be accessible to all persons and communities.

5 VALUES

1. Independence and Impartiality2. Human Dignity and Ubuntu3. Transparency4. Equality and Fairness5. Redress

5 STRATEGIC OBJECTIVES AND SERVICE PROMISE

The Public Protector undertakes to:1. Be accessible to and trusted by all persons and communities;2. Provide prompt remedial action;3. Promote good governance in the conduct of all state affairs;4. Becomeanefficientandeffectiveorganisation;and5. Achieve an optimal performance and service.

LETTER TO THE SPEAKER


The Hon. Mr Max SisuluSpeaker of the National Assembly of South AfricaParliament BuildingParliament StreetPO Box 15CAPE TOWN

Dear Honourable Speaker

It is an honour to submit the 16th Annual Report of the Public Protector for tabling in Parliament in terms of section 181 (5) of the Constitution of the Republic of South Africa 1996.

The report, my third since assuming office in October 2009, presents an account of my office’s activities in pursuit of the constitutional mandate and the various statutory mandates during the year 2011/12.

I remain grateful to your office, Parliament as a whole, organs of state and the people of South Africa for the ongoing support that makes it possible for my office to continuously fulfil its mandate effectively.

Yours sincerely

Adv. Thulisile (Thuli) Nomkhosi MadonselaPUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA31 August 2012


STATUTORY MANDATES AREAS

The mandate of the Public Protector is to strengthen constitutional democracy by investigating and redressing

improper and prejudicial conduct, maladministration and abuse of power in all state affairs; resolving administrative

disputes or rectifying any act or omission in administrative conduct through mediation, conciliation or negotiation;

advising on appropriate remedies or employing any other expedient means; reporting and recommending; advising

and investigating violations of the Executive Members Ethics Act 82 of 1998; resolving disputes relating to the

operation of the Promotion of Access to Information Act 2 of 2000 and discharging other responsibilities as

mandated by the following legislation:

The work of the Public Protector is further informed by the provisions of the Promotion of Administrative Justice

Act 3 of 2000 (PAJA) and other laws that regulate the conduct of state organs and public administration.

KEY MANDATE AREAS

a) Public Protector Act 23 of 1994b) Executive Members’ Ethics Act 82 of 1998c) Protected Disclosures Act 26 of 2000d) Prevention and Combating of Corrupt Activities Act 12 of 2004e) Promotion of Access to Information Act 2 of 2000f) Housing Protection Measures Act 95 of 1998

OTHER MANDATE AREAS

g) National Archives and Record Service Act 43 of 1996h) National Energy Act 40 of 2004i) Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000j) National Environmental Management Act 108 of 1999.k) Special Investigation Units and Special Tribunals Act 74 of 1996l) Public Finance Management Act of 1999


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FOREWORD BY THE PUBLIC PROTECTOR

The year 2011/12 saw the Public Protector grow in terms of impact and accessibility to all persons and

communities as required under section 182(4) of the Constitution. One of the reports we issued during the

second year of implementation of our new strategic plan, Public Protector Vision 2020, was Against the Rules

Too, a report that opened the eyes of government and the people of South Africa to systemic maladministration

in the management of the leasing of government office space, by the Department of Public Works and various

organs of state. It confirmed the observations made in the first report, Against the Rules, which was issued late

in the previous financial year.

The report titled: It can’t be right: Self Interest in the Midvaal, brought to the fore, among other things, unethical

debt collection practices that saw a lot of poor families losing their homes or properties in settlement of

miniscule municipal debts and the debt collector questionably enriched. Ethical governance, particularly the

need for administrators in organs of state to understand and manage conflict of interest and ethical use of

ministerial benefits, also came under the spotlight.

Away from the glare of the media, the Public Protector team continued to bring relief to thousands of ordinary

people who had been wronged in the exercise of state power. We continued to give priority to bread and butter

matters such as social grants, government pensions, Workmen’s compensation, Unemployment Insurance

Fund, Identity Documents and various outstanding payments to former public employees.

Complaints increased by over 25%, putting enormous pressure on our already overstretched investigation

capacity. We nevertheless continued to balance quality and swiftness. We also continued to use each

investigation opportunity to entrench good governance as a way of life. Our Annual Stakeholder Consultation

Adv. Thulisile (Thuli) Nomkhosi Madonsela PUBLIC PROTECTOR

5PUBLIC PROTECTOR SOUTH AFRICA ANNUAL REPORT 2011/2012Accountabi l i ty • Integr i ty • Responsiveness

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FOREWORD BY THE PUBLIC PROTECTOR

Dialogue and Good Governance Week remained vehicles for expanding accessibility while strengthening

synergies in pursuit of a united front for good governance.

I remain grateful to Parliament, the government and the people of South Africa for their unwavering support.

My gratitude also goes to the Public Protector team for the smart and tireless work that enables us to

constantly achieve more with the limited resources. I have no doubt that if we continue to join hands to end

maladministration, including corruption, we will make a faster and more meaningful progress towards the

constitutionally guaranteed better life for all and our Millennium Development Goals.

Adv. Thulisile (Thuli) Nomkhosi Madonsela

PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA

31 August 2012.

TABLE OF CONTENTS


FOREWORD BY THE PUBLIC PROTECTOR ................................................................................... 4 - 5

1. PUBLIC PROTECTOR’S REVIEW ........................................................................................... 8

1.1 The Year at a Glance ......................................................................................................... 8 - 9

1.2 Institutional Governance and Management ....................................................................... 10 - 11

1.3 Special Reports ................................................................................................................. 12 - 21

1.4 Systemic and Own Initiative Investigations ....................................................................... 22 - 23

1.5 Altenative Dispute Resolution Highlights ........................................................................... 24 - 27

1.6. Implementation of Remedial Action and Impact ................................................................ 28 - 29

1.7 Stakeholder Relations Management ................................................................................. 30

1.8 The African Agenda and Broader International Relations .................................................. 31 - 32

1.9 Concluding Observations and Forward Planning .............................................................. 33 - 34

2. CHIEF EXECUTIVE OFFICER’S REVIEW ............................................................................... 36

2.1 Strategic Planning Framework ......................................................................................... 36

2.2 Key Strategic Objectives ................................................................................................... 37

2.3 Statistical Overview of Cases and Investigations .............................................................. 38

2.4 Report on predetermined for the Year Ended 31 March 2012 ........................................... 39 - 59

3. HUMAN RESOURCES REPORT FOR THE YEAR ENDED 31 MARCH 2012 ........................ 61 - 91

4. ANNUAL FINANCIAL STATEMENTS ....................................................................................... 94 - 136

PartOne

PUBLIC PROTECTOR’S REVIEW



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THE YEAR AT A GLANCE

1.1 THE YEAR AT A GLANCE

INVESTIGATIONS

• 27 376 cases handled • 20 626 cases received or initiated • 313 cases referred to other bodies • 16 763 cases finalises (2000 more cases than the previous financial year) • 10 183 cases carried over to 2012/13 • 15 special reports issued OUTREACH ACTIVITIES

• 878 Outreach Clinics • 259 Mobile Office of the Public Protector (MOPP) Clinics • 111 Information Sessions • 28 MOPP Information Sessions • 32 million people reached through media activities

RESOURCES

• R 142 889 000 budget for 2011/12 financial year (boosted by a cash injection of R10 840 000 towards the end of the year to improve investigative capacity) • 279 Employees comprising of 101 Investigators and 13 Outreach officers (16 additional investigators were appointed between September 2011 and March 2012) • 20 offices (1 national, 9 provincial and 10 regional offices) • 3 MOPP offices (Limpopo, KwaZulu-Natal and Eastern Cape) • One-person toll-free line supported by investigators (Call centre in progress) KEY EVENTS OF 2011/12

• 12 July – 8 September 2011: National Stakeholder Consultation: Public Protector Dialogues with the Nation • 17 – 21 October 2011: Public Protector Good Governance Week and Conference • 13 January 2012: Meeting with Presiding Officers of Parliament • 10 June 2011: Chapter 9 Institutions Meeting with the President • 28 February 2012: Consultation with Parliament on Draft Public Protector Rules • 22 – 24 August 2011: Sharpen Your Teeth Training for all Investigators • 11 – 13 May 2011, 8 – 10 June 2011 and 13 – 15 June 2011: Administrative Justice Training for all Investigators


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THE YEAR AT A GLANCE (continued)

• 14 – 15 March 2012: Leadership and Team-Building Retreat on: Leading a Purpose Driven Organisation • February 2012: Customer Service Charter and Training • Media Briefings in June 2011, July 2011 (2), September 2011, October 2011, November 2011 and February 2012


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1.2 INSTITUTIONAL GOVERNANCE AND MANAGEMENT

EXECUTIVE AUTHORITY

The Public Protector is the Executive Authority in terms of the Public Protector Act 23 of 1994. In performing her/his duties effectively and efficiently, the Public Protector is assisted by the Deputy Public Protector, to whom several responsibilities and powers have been delegated in terms of section 2A(6) and (7) of the Act. The Chief Executive officer, who is the accounting officer, also provides executive support.

EXCECUTIVE COMMITTEE

An Executive committee consisting of the Public Protector, Deputy Public Protector and Chief Executive Officer (CEO) sits at least once a month to assist the Public Protector with organisational performance monitoring, review and decision advice. Several Top Management members have been co-opted as non-voting members of the Executive Committee.

MANAGEMENT COMMITTEE A Management Committee, chaired by the Chief Executive Officer and comprising all heads of Public Protector South Africa core operations and corporate services convenes quarterly. The committee monitors and reports on the performance of each sub-programme and recommends remedial action (if any) to the Executive Committee.

AUDIT COMMITTEE

An independent external audit committee was appointed in terms of the provisions of the Public Finance Management Act 1 of 1999.

THINK TANK COMMITTEE

A peer review mechanism referred to as the Think Tank Committee, comprising all leaders of investigation teams, sits quarterly to assist the Public Protector in reviewing cases, mainly reports, before they are finalised. Mini-Think Tank Committees established in investigation branches and provinces to enhance effectiveness and efficiency.

INSTITUTIONAL GOVERNANCE AND MANAGEMENT

Adv. Thulisile (Thuli) Nomkhosi Madonsela PUBLIC PROTECTOR

Adv. Mamiki ShaiDEPUTY PUBLIC PROTECTOR

Themba Mthethwa CHIEF EXCECUTIVE OFFICER


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GOOD GOVERNANCE AND INTEGRITY COMMITTEE A committee, chaired by the Deputy Public Protector, referred to as the Good Governance and Integrity Committee, assists the Public Protector to design governance standards and to monitor governance complaints (internally and externally) and compliance.

STATE OF GOOD GOVERNANCE Under the guidance of the Auditor-General and the assistance of Internal Auditors and the Audit Committee, constant attention is paid to improving governance and control measures within the institution. The year under review saw a decrease in the number of matters of emphasis in the management letter. The ultimate objective is to eliminate matters of emphasis. Through a process of learning and growing together, processes are constantly reviewed to optimise efficiency and effectiveness. This has included a review of the Electronic Case Management System to enhance its case management and tracking ability.

INSTITUTIONAL GOVERNANCE AND MANAGEMENT(continued)


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SPECIAL REPORTS: MAKING A DIFFERENCE IN SERVICE DELIVERY

12 PUBLIC PROTECTOR SOUTH AFRICA ANNUAL REPORT 2011/2012Accountabi l i ty • Integr i ty • Responsiveness

1.3 SPECIAL REPORTS

Cases that are reported to the Public Protector and not resolved through an early settlement or some other appropriate action usually culminate in a report. This part of the report provides a summary of the reports that were issued in the fiscal year 2011/12.

Brief summaries of the reports that were issued during this period are provided below. 1.3.1 MAKING A DIFFERENCE IN SERVICE DELIVERY

(a) IN BREACH OF GOOD FAITH

REPORT No. 10 OF 2011/12: DEPARTMENT DIRECTED TO RE-INSTATE EMPLOYEE, RECALCULATE HIS SEVERENCE BENEFITS

DEPARTMENT OF CORRECTIONAL SERVICES The Public Protector investigated a complaint of Mr T against the Department of Correctional Services, regarding the improper processing of his early retirement on account of ill health and prejudice suffered as a result. FINDINGS AND REMEDIAL ACTION The Public Protector upheld a complaint of maladministration and prejudice against the Department. She found that the process followed by the Department in the termination of the complainant’s service was procedurally unfair as the Department failed to consult and reach an agreement with the complainant on the conditions for the termination of his service. The decision to terminate the complainant’s services on the basis of early retirement rather than incapacity due to ill health was also found to be substantively unfair on account of being arbitrary, lacking good faith and having a detrimental impact on the complainant. The remedial action required the Department to immediately re-instate the complainant, conduct an investigation into his incapacity due to ill health and to compensate him for financial loss, humiliation and suffering.


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SPECIAL REPORTS: MAKING A DIFFERENCE IN SERVICE DELIVERY (continued)

(b) LONG WAIT FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS

REPORT No. 4 OF 2011/2012: DEPARTMENT, PRESIDENT’S FUND ENTITLED TO PAY VICTIMS THEIR DUES WITH INTEREST

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND THE PRESIDENT’S FUND The Public Protector investigated a complaint relating to the failure of the President’s Fund to expedite the distribution of funds to victims of human rights violations under apartheid and to award additional reparations to victims in accordance with the recommendations of the Truth and Reconciliation Commission.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld the complaint of maladministration only on the issue of additional funding, holding that the initial once-off payment of R30 000 to victims or beneficiaries approved by Parliament had been effected. Remedial action required the Fund and the Department of Justice and Constitutional Development to expedite the drafting of regulations to regulate the release of money from the Fund for the outstanding additional reparation measures approved by Parliament for health benefits, social benefits and community rehabilitation; implement the outstanding additional reparation measures approved by Parliament as soon as possible; ensure that interested parties have access to information on the balance available in the Fund and award interest, from the date of entitlement to date of payment, to victims who qualify but had not been paid the once-off payment of R30 000.

(c) EQUITABLE ACCESS TO SOCIAL SECURITY

Report No. 18 of 2011/2012: MINISTERS DIRECTED TO REVIEW IMPLEMENTATION OF PRIVATISATION SCHEMES OF FORMER VENDA PENSION FUND AND RECALCULATE PENSION BENEFITS OWED

GOVERNMENT EMPLOYEES PENSION FUND AND NATIONAL TREASURY The Public Protector investigated a complaint from the Venda Concerned Pensioners Group, who alleged that the Government Employees Pension Fund (GEPF) and National Treasury acted improperly during the privatisation of the Venda Pension Fund (VPF), which resulted in members of the Fund being improperly prejudiced by the actions and omissions of the state.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld the complaint of maladministration, holding that the management of the privatisation scheme for the VPF amounted to unequal treatment of its members as they were placed in a worse-off position than others. Government was also found to have failed to exercise sufficient duty of care and due diligence towards the affected members to ensure that their pension interests were protected and secured as defined


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Report N0. 18 of 2011/12 of the Public Protectoron an investigation into an allegation of improper conductby the Department of Public Service and Administration

and the Government Employees Pension Fundduring the privatisation of the

Venda Pension Fund

benefits resulting in them unfairly forfeiting such benefits. The findings included unreasonable failure to verify available evidence on those that bought back their service.

Remedial action required the GEPF to recalculate the pension benefits of the complainants as if they retired with all their years of service as members of the GEPF and that the Ministers of Public Service and Administration and Finance review the implementation of the privatisation schemes of the former VPF with a view to amending the GEP Law and Rules to enable members who participated in the privatisation schemes to have an opportunity to have their benefits recalculated in terms of the rules regulating normal retirement.


EQUITABLE ACCESS TO SOCIAL SECURITY

EQUITABLE ACCESS TO SOCIAL SECURITY


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(d) “UNCONSCIONABLE DELAY”

Report No. 21 of 2011/2012: DEPARTMENT DIRECTED TO PROVIDE REMEDY TO COMPLAINANT AND HIS FAMILY REGARDING PERMANENT RESIDENCE

DEPARTMENT OF HOME AFFAIRS The Public Protector investigated Mr V’s complaint regarding allegations of maladministration and abuse of power by the Minister and the Department of Home Affairs relating to failure to process applications for permits dating back to 2003.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld the complaint of maladministration, abuse of power and prejudice against the Department, holding that the Department failed to adjudicate on the complainant’s applications since 2003 and that this failure deprived the complainant and his family of the opportunity to apply for permanent residence. The Department was also found to have failed to respond to a request by the Public Protector to hold criminal action against the complainant in abeyance until the finalisation of the Public Protector’s investigation and report. The act of resorting to criminal proceedings while having not yet adjudicated the 2003 applications was found to constitute abuse of power and so was the prevention of the complainant’s son’s return to South Africa in July 2011 after having allowed him to exit on a visit to Malaysia.

Remedial action required the Minister to provide a remedy to the complainant and his family in relation to permanent residence and to consider withdrawing the charges against the complainant and his wife and withdrawing the fine imposed against their son on his return from Malaysia.



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1.3.2 IMPROVING LOCAL GOVERNMENT

(a) TOUTING FOR A DONATION

REPORT No. 8 OF 2011/12: MAYOR FOUND TO HAVE ACTED IMPROPERLY AND ABUSED HIS OFFICE BY ASKING FOR POLITICAL PARTY DONATIONS

HESSEQUA MUNICIPALITY The Public Protector conducted an investigation into allegations of improper conduct made by the Federal Chairperson of the Democratic Alliance against the Executive Mayor of the Hessequa Local Municipality, involving the use of his office to solicit donations for his party.

FINDINGS AND REMEDIAL ACTION The Public Protector found that the conduct of the Mayor was unlawful, improper and an act of abuse of power and in breach of item 6(1) of the Code of Conduct for Councillors, which provides that a councillor may not use the position or privileges of a councillor, or confidential information obtained as a councillor, for private gain or to improperly benefit another person. The Mayor’s conduct was also found to have compromised the integrity of his office and brought the Municipality’s supply chain management system into disrepute.

Remedial action required the Council of the Hessequa Local Municipality to note the maladministration finding and take disciplinary action against the Mayor who by then was no longer a Mayor, in terms of item 14 of the Code of Conduct for Councillors regarding breaches of the Code and discipline (Schedule 1 to the Local Government: Municipal Systems Act 2000).

(b) IT CAN’T BE RIGHT: REMEDYING SELF-INTEREST IN MIDVAAL REPORT No. 15 OF 2011/2012: MUNICIPAL MANAGER DIRECTED TO RECTIFY PROCUREMENT IRREGULARITIES

MIDVAAL MUNICIPALITY The Report presents the findings of the Public Protector following maladministration allegations involving a number of procurement irregularities in the Midvaal Local Municipality with the key allegations relating to the irregular award of a legal services contract to a sole service provider who is a senior in the governing political party. The complaints included an alleged conflict of interest arising from such and from debt collection practices by the service provider, chief of which was the sale for own gain of property donated by residents to the municipality to settle their debts.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld most of the findings of maladministration and prejudice to the municipality and residents. The municipality’s procurement processes in respect of legal services, debt collecting services and auctioneering services were found to have failed to comply with the principles of fairness and competitiveness. The maladministration included the continuous and deliberate extension of the service provider’s contract and allowing the service provider to gain an unfair

IMPROVING LOCAL GOVERNMENT


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STRENGTHENING GOOD GOVERNANCE IN STATE ORGANS

advantage over other prospective service providers through access to information and influencing the procurement instruments. The sale of properties donated to the municipality to settle miniscule debts was also found to be improper and warranting a further investigation by the Special Investigation Unit (SIU) under the Prevention and Combating of Corrupt Activities Act 12 of 2004.

Remedial action included a requirement that the Council investigate the conduct of the Accounting Officer, Chief Financial Officer and officials involved to establish whether disciplinary proceedings must be instituted against them or any other official. The impugned contract was also to be reviewed as well as the procurement system. The service provider’s ethical conduct as an attorney was also referred to the Law Society.

1.3.3 STRENGTHENING GOOD GOVERNANCE IN STATE ORGANS

(a) AGAINST THE RULES TOO

REPORT No. 6 of 2011/2012: SAPS HEADQUARTERS LEASE FOUND TO HAVE BEEN PROCURED IRREGULARLY AND ACTIONS OF SAPS ACCOUNTING OFFICER AND DPW MINISTER IMPROPER DEPARTMENT OF PUBLIC WORKS AND THE SOUTH AFRICAN POLICE SERVICE The Public Protector investigated allegations of maladministration, including corruption against the National Commissioner of the South African Police Service (SAPS) and the Department of Public Works (DPW), relating to the procurement of a lease for office accommodation for the SAPS in Durban.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld the allegations of maladministration, excluding corruption. With regard to the SAPS National Commissioner, she found, among other things, that the involvement of the SAPS in the procurement process was improper, as it proceeded beyond the demand management phase. The finding included failure to implement proper controls, as required by relevant procurement prescripts, the Public Finance Management Act (PFMA), other laws and the Constitution.

DPW was also found to have flouted financial and procurement laws and prescripts, particularly Treasury regulations, the PFMA and the Constitution. The pricing was also found to have been inflated, with the organs of state involved failing to exercise due diligence in this regard. The Minister was found to have acted recklessly and improperly by proceeding with the lease which had been repudiated by her Department when she took office, and in so doing ignoring the Public Protector’s investigation and powers. The report also made adverse observations about general practices regarding supply chain management, particularly regarding the leasing of office space.

Remedial action included urgent action, with the help of National Treasury, to deal with the legal validity of the lease with the view to a possible cancellation and consideration of disciplinary action against those fingered for wrongdoing.


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STRENGTHENING GOOD GOVERNANCE IN STATE ORGANS (continued)

(b) TO BE OR NOT TO BE IN CONFLICT

REPORT No. 9 OF 2011/2012: MINISTER DIRECTED TO TAKE URGENT STEPS TO MANAGE OFFICIAL’S PERCEIVED CONFLICT OF INTEREST

GOVERNMENT COMMUNICATIONS AND INFORMATION SYSTEMS The Public Protector investigated two complaints of conflict of interest against the Chief Executive Officer (CEO) of the Government Communication and Information System (GCIS). It was alleged that a conflict of interest existed between his duties as the President of the Black Management Forum and his public duties as the Director General (DG) of the Department of Labour (DoL) and later as the CEO of the GCIS.

FINDINGS AND REMEDIAL ACTION The Public Protector found a conflict of interest with regard to the GCIS CEO’s previous position as the DG of Labour and a perceived conflict of interest with regard to his position of GCIS CEO and Cabinet Spokesperson, indicating that if not properly managed the perceived conflict of interest could lead to an actual conflict of interest. Remedial action required the Minister in the Presidency to take urgent steps to ensure that the conflict of interest is properly and effectively managed in accordance with the relevant and applicable legislative and policy framework and the internal conflict of interest policy of the GCIS. Identified possibilities included divesting the CEO of some of his responsibilities.

(c) FUGITIVE OR NOT

REPORT No. 17 OF 2011/2012: MINISTER COMPLIED WITH THE LAW BUT SPECIAL ADVISOR VETTING PROCESS WAS SHODDY

MINISTER OF DEFENCE AND MILITARY VETERANS The Public Protector investigated a complaint against the Minister of Defence and Military Veterans lodged by Mr David Maynier, a Member of Parliament, who alleged that the Minister misled Parliament when she advised that her Special Advisor had been vetted as required by law and that he was not a fugitive from justice whereas he was wanted in connection with criminal charges in the USA, where he was also barred from practising law.

FINDINGS AND REMEDIAL ACTION The Public Protector did not uphold the allegation of impropriety against the Minister, holding that the vetting had been conducted by the Defence Intelligence. She also found that the Special Advisor concerned was indeed a fugitive from justice having failed to appear in court in Connecticut and that he had resigned from the bar in that state in the middle of a process that sought to disbar him. It was also found that while the Special Advisor was vetted in accordance with the law, the vetting process was not thorough as it did not go beyond his word and failed to establish the fact that he was a fugitive from justice. The Department was advised to strengthen its vetting process.


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ENFORCING THE EXECUTIVE ETHICS CODE

1.3.4 ENFORCING THE EXECUTIVE ETHICS CODE

(a) THE ETHICS OF STAYING IN COMFORT REPORT No. 7 OF 2011/12: ACCOMODATION EXPENDITURE FOUND TO EXCEED THE BOUNDARIES OF THE MINISTERIAL HANDBOOK BUT MINISTER EXONERATED

MINISTER OF POLICE The Public Protector investigated a complaint lodged in terms of section 3(1) of the Executive Members Ethics Act by Mr H Hoosen, a Member of Parliament, against the Minster of Police regarding the Minister’s alleged exorbitant expenditure on hotel expenses.

FINDINGS AND REMEDIAL ACTION The Public Protector did not uphold the complaint of unethical conduct although having found that the amount spent on the Minister and his entourage’s accommodation was unreasonably high and did not comply with the spirit of the Ministerial Handbook which requires accommodation expenses to be reasonable and kept as low as possible. The Minister was exonerated on account of lack of clear guidelines in the Handbook regarding what constitutes a reasonable tariff, his lack of awareness of the amounts involved and in recognition of the fact that as soon as he became aware, he took appropriate corrective action, which included internal policy guidelines.

Remedial action included Cabinet expediting the process of reviewing the Handbook to provide clarity on ethical considerations regarding executive accommodation, particularly in the current climate of fiscal challenges. The need to eschew five star hotels unless absolutely necessary as per the policy adopted by the Minister of Police was put forward as a good practice worth considering.

(b) IMPROPER INFLUENCE UNPROVEN

REPORT No. 11 OF 2011/2012: PREMIER CLEARED OF ALLEGATIONS OF INFLUENCING IRREGULAR AWARD OF A CONTRACT PREMIER OF GAUTENG The Public Protector investigated a complaint of Gauteng MPL, Mr J Bloom, alleging a breach of the Executive Ethics Code by the Premier of Gauteng, who was said to have improperly influenced the irregular award of a contract for the beautification of the Albertina Sisulu Highway, by the Department of Roads and Transport.

FINDINGS AND REMEDIAL ACTION The Public Protector did not uphold the allegation of a breach of the Executive Ethics Code by the Premier. She found no tangible evidence to indicate that the role of the Premier and her office went beyond the receipt and referral of the subsequently preferred service provider’s proposal to the Department of Roads and Transport.


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ENFORCING THE EXECUTIVE ETHICS CODE (continued)

(c) IN THE EXTREME

REPORT No. 11 OF 2011/2012: PRESIDENT DIRECTED TO CONSIDER SERIOUS ACTION AGAINST MINISTER OVER VIOLATION OF ETHICS CODE, CONSTITUTION THE MINISTER FOR COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS The Public Protector investigated an alleged violation of the Executive Ethics Code by the Minister for Cooperative Governance and Traditional Affairs, lodged by the Parliamentary Joint Committee on Ethics and Members’ Interest involving various allegations, which included exorbitant expenditure on hotel expenses, getting the state to pay hotel expenses for private stays and passing an expensive overseas private visit as an official trip.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld the allegation that the Minister violated the Executive Ethics Code. She found, among other things, that the Minister had repeatedly stayed in one of the most expensive hotels during his official visits to Cape Town before and after an official residence was allocated to him, and without requesting his private office to take steps to ensure that the expenditure incurred by the Department was reasonable as required by the Ministerial Handbook. The overseas trip was found to have been private as there was no evidence of any official engagements. The Minister was found to have acted unethically on several occasions, including lying to the Public Protector about never visiting a friend in a Swiss prison during the contested overseas trip and trying to get his Department to pay a hotel bill for his private visit to Lesotho and thereafter not paying the bill. The President was advised to consider taking serious action against the Minister for the violation of the Executive Ethics Code. The Director General of the Department was directed to take appropriate action to recover relevant public funds from the Minister.

20 PUBLIC PROTECTOR SOUTH AFRICA ANNUAL REPORT 2011/2012Accountabi l i ty • Integr i ty • Responsiveness


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ENFORCING THE EXECUTIVE ETHICS CODE (continued)

(d) BEFUDDLED INTERESTS

REPORT No. OF 2011/2012: MEC IN BREACH OF ETHICS CODE MEC FOR HEALTH AND SOCIAL DEVELOPMENT: LIMPOPO PROVINCIAL GOVERNMENT The Public Protector conducted an investigation into the procurement processes followed by the Limpopo Department of Health (the Department) in pursuit of a complaint lodged by the Secretary of the Forum of Limpopo Entrepreneurs relating to a contract for a forensic investigation that was said to have been awarded irregularly on the basis of her relationship with the preferred service provider.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld the allegation regarding the violation of the Executive Ethics Code. She found that the MEC had acted in a manner not consistent with her official responsibilities by having an undisclosed family relationship with a preferred service provider. It was found that although it could not be proven that such relationship existed before the contract was awarded, the MEC had exposed herself to a situation involving the risk of a conflict between her official responsibilities and her private interests, as prohibited by the provisions of section 136 of the Constitution and paragraph 2.3(e) of the Executive Ethics Code.

The remedial action involved advice that the President must reprimand the former MEC (she had been relieved of her duties then and appointed as an ambassador) for her unethical conduct and advise her on how to conduct herself in future.


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1.4 SYSTEMIC AND OWN INITIATIVE INVESTIGATIONS

1.4.1 SYSTEMIC INVESTIGATIONS (a) GLIMMER OF HOPE REPORT No.19 OF 2011/2012: NEW HOPE FOR DIPALESENG RESIDENTS

DIPALESENG LOCAL MUNICIPALITY The Public Protector conducted a systemic investigation into alleged maladministration and poor governance by the Dipaleseng Local Municipality (the Municipality) in Mpumalanga Province. The complaints followed violent service delivery protests by residents of Siyathemba Township. While the allegations also covered actions of state actors beyond the municipality, including alleged maladministration of the South African Police Service (SAPS), and the Mpumalanga Departments of Human Settlements and Provincial Public Works, Roads and Transport, the investigation was confined to alleged maladministration within the Dipaleseng Municipality.

FINDINGS AND REMEDIAL ACTION The Public Protector upheld most of the allegations of maladministration. She found, among others, that the Municipality had failed to comply with the requirements of the Municipal Systems Act in respect of the preparation and implementation of its Integrated Development Plan (IDP) and that the Budget and Treasury Office of the Municipality was deficient and failed to fully comply with the Credit Control Policy of the Municipality in respect of the recovering of debts and revenue and this amounted to maladministration. Adverse findings also included failure to take action against persons involved in fraudulent action relating to writing off electricity debts; to take appropriate and timely action against the owner of a piece of property that was being illegally used as a taxi rank, and failure to take decisive action in respect of various incomplete infrastructural projects. Remedial action involved working with the municipality over time to assist the finance, procurement and asset management units to operate effectively. Further remedial action included asking the MEC for Cooperative Governance and Traditional Affairs of the Mpumalanga Provincial Government to assess the support needed by the Municipality to strengthen its capacity to manage its IDP processes and financial affairs. The Executive Mayor of the Municipality was to take urgent steps to ensure that the Municipal Manager reports to the Municipal Council on all complaints received by the Municipality.

1..4. 2 UNREPORTED SYSTEMIC INTERVENTIONS (a) DUPLICATE IDENTITIES

HOME AFFAIRS The Public Protector has an ongoing systemic intervention involving a partnership with the Department of Home Affairs that seeks to address persistent problems such as duplicate IDs. The process involves regular progress meetings and exchange of ideas on resolving the persistent issues.

SYSTEMIC AND OWN INITIATIVE INVESTIGATION


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1.4.3. OWN INITIATIVE INVESTIGATIONS (a) A CRY FOR BETTER HEALTH SERVICES

REPORT No. 12 OF 2011/12: DEPARTMENT DIRECTED TO RECTIFY POOR SERVICE DELIVERY AT THE GUGULETHU COMMUNITY HEALTH CENTRE

WESTERN CAPE DEPARTMENT OF HEALTH The Public Protector conducted an own initiative investigation into a complaint relating to numerous allegations by members of the community, including the media, regarding poor service delivery which included undue delays and drunkenness of staff whilst on duty at the Gugulethu Community Health Centre.

FINDINGS AND REMEDIAL ACTION The Public Protector found that the Centre Manager and staff had failed to manage the cleanliness of the facility, effect repairs timeously, attend to signage inside the Centre and to ensure disciplined and courteous conduct of staff, and this violated section 27(1) of the Constitution and section 25(2) of the National Health Act and was found to be improper, and to constitute maladministration. The Public Protector also found that there was undue delay on the part of the Centre to provide health service although there was no shortage of staff and that such delays violated the rights, values and principles governed by section 27(1) of the Constitution, and constituted maladministration. Section 27(2) of the National Health Act was violated and that accordingly constituted maladministration.

The Public Protector’s remedial action was that proper signage should be placed at both entrances to indicate the location of the various units and departments within the Centre. Furthermore, cleanliness in and outside the Centre must be addressed and the situation regarding hawkers must be adequately managed. The Centre Manager was required to address the conduct of the staff member, who was clearly rude to patients at the Trauma Unit and who exhibited signs of inebriation on 28 February 2011. The Centre Manager also had to immediately introduce management interventions to prevent any use of alcohol. Finally, the Head of the Department was required to carry out surprise inspections to monitor the situation.

OWN INITIATIVE INVESTIGATIONS


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1.5 ALTERNATIVE DISPUTE RESOLUTION HIGHLIGHTS

1.5.1 CENTRALITY OF ALTERNATIVE DISPUTE RESOLUTION

The new strategic thrust of the Public Protector places emphasis on the use of various Aternative Dispute Resolution (ADR) mechanisms to resolve disputes between the public and the state expeditiously and economically. ADR has become the mechanism of choice on all maladministration matters involving service failure while those involving conduct failure such as corruption remain a matter for investigation. The bulk of the 16 763 cases that were finalised were resolved through ADR.

ADR allows more opportunities for constructive engagement with organs of state in a manner that helps entrench a common understanding of the principles of fair and just administration and the requirements of good governance. Opportunities for healing broken relationships between the parties are also enhanced.

Interface with the state has shifted with more face-to-face interactions becoming the order of the day than correspondence. Many disputes are resolved in once-off conciliation meetings at the Public Protector Offices. Site visits are also increasingly employed with many matters resolved during visits by investigators to premises of organs of state.

The Public Protector still conducts preliminary investigations to determine, at the very least, what should have happened in terms of the law, prescripts and good practice bench-marks, and to enhance capacity to facilitate settlement.

1.5.2 SELECTED ALTERNATIVE DISPUTE RESOLUTION SUCCESS STORIES a) UIF PAYS AFTER FOUR-YEAR BATTLE

The Public Protector investigated and successfully employed ADR measures to secure Unemployment Insurance Fund (UIF) payment for Mrs B who had been embroiled in a four-year dispute with the UIF over the date of her application. Mrs B was paid her dues with interest.

b) DEFRAUDED PENSIONER PAID

The Public Protector investigated and successfully employed ADR measures to secure a refund of Mr L’s life savings, from a state-owned financial service provider, after an identity thief had emptied his bank account. Mr L, a pensioner, was paid the full amount with interest.

c) LEARNERSHIP CONTRACT DEBACLE SORTED

The Public Protector investigated and successfully employed ADR measures to conciliate a dispute between learner traffic officers and a provincial department of community safety. After it was acknowledged that

ALTERNATIVE DISPUTE RESOLUTION HIGHLIGHTS


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ALTERNATIVE DISPUTE RESOLUTION HIGHLIGHTS (continued)

communication regarding the duration of employment had been misleading, it was agreed that the organ of state would employ various measures to assist the young people with permanent employment.

d) Destitute family gets interim shelter

The Public Protector investigated and successfully employed appropriate dispute resolution (ADR) measures to secure a house for Mr X of Mqanduli village and his family. The living conditions of Mr X’s family were observed during the Good Governance Week in 2010. The Public Protector facilitated the provision of a house for Mr X’s family with all relevant stakeholders, including the local municipality and the Department of Human Settlement. The department undertook to, at least, provide a temporary house for Mr’s X family while processes unfold to build him a home. The family took occupation of the prefabricated temporary house in May 2011.

e) Joy at last for electricity billing victim

The Public Protector investigated and successfully employed ADR measures, mediating Mr P’s complaint of incorrect billing, incorrect meter numbers on his account, incorrect readings and charges against the City of Johannesburg. The electricity was re-connected and the meters removed and pre-paid meters installed. The complainant’s account was adjusted and credited with R15 000-00.

f) Aggrievedimmigrantfinallygetspermits

The Public Protector investigated and successfully employed ADR measures to mediate between Ms P and the Department of Home Affairs following an application for a work permit and temporary residence. Ms P’s application was rejected on the basis that regulations 16.4(a) and 16.5(a) were not complied with. The complainant lodged an appeal, but her work permit had expired and she was still waiting for a response from Home Affairs regarding the outcome of the appeal. In the meantime, the complainant could not resume work until her permit was finalised.

Following a preliminary investigation and intervention by the Public Protector, the appeal was processed and the complainant was issued with a work permit and temporary residence permit.

g) Injured worker gets his dues

The Public Protector investigated and successfully employed ADR measures to secure payment of R32 085.50 and a monthly pension of R4 795.07 per month for Mr B. He had alleged that he was injured at work and only got a portion of what was due to him after claiming Workmen’s Compensation benefits.


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h) ExgratiabenefitsfordeceasedSANDFmember’smother

The Public Protector investigated and successfully employed ADR measures to secure an ex gratia payment for Mrs L’s late son who had been a member of the Non Statutory Armed Forces. He was incorporated into the South African National Defence Force (SANDF), but he died a few months later.

The Public Protector investigated and eventually ascertained that the deceased was not a contributing member of the Pension Fund, therefore no pension was payable, but he was entitled to an ex gratia payment. The Public Protector negotiated with the Government Pensions Administration Agency and a payment of R14 866.45 was secured for Mrs L.

i) Municipality compensates woman after storm water damage

The Public Protector investigated and successfully employed ADR measures to secure an undertaking from the Municipal Manager of Thabazimbi Municipality to compensate Ms L for damages caused by storm water that was flowing into her house each time it rained at Regorogile Township in Thabazimbi. In addition, the municipality built a wall alongside the pavement. A catchment pit and storm water channel were also erected to direct water from point of entry into the main drainage pipe. A number of speed humps were also erected on the road to trap the water and channel it into the catchment pit and the storm water channel.

j) MunicipalityagreestoreassignEPWPbeneficiariestootherprojects

The Public Protector investigated and successfully employed ADR measures, facilitating an agreement between the Thembisile Hani local municipality and Mr E. He was part of a group of learners selected to undergo training as construction supervisors under the Expanded Public Works Programme in conjunction with the Construction Education and Training Authority. The municipality had terminated the programme due to challenges with the roll-out of its training programmes. An agreement was reached that the complainant and the other affected learners would be assigned to other programmes that the municipality was involved in to enable them to receive on-site training and complete the required unit standard.

k) Unfairly terminated teachers to get three months’ salaries

The Public Protector investigated and successfully employed ADR measures to secure an agreement for payments equal to three months of the complainants’ salaries at the same rate that they were paid prior to termination by no later than 31 July 2011. The complainants were Adult Basic Education Teachers, whose contracts were unilaterally terminated without consultation.



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l) Municipality to build woman a house

The Public Protector investigated and successfully employed ADR measures to facilitate an agreement with the Barkly West municipality to allocate Ms L a new housing unit to be built in Barkly West. Ms L alleged that the subsidy house that she applied for, which was later approved, had been issued to other people, who demolished it. It was agreed that the municipality would be responsible for the registration of the said property in Ms L’s name and shall, with the assistance of the Special Investigating Unit (SIU), claim back the subsidy amount from the illegal demolishers.

m) ApplicationsforFosterCareGrantsfinallyprocessed

The Public Protector investigated and successfully employed ADR measures to resolve the complaint of undue delay in the finalisation of application for Foster Care Grants. It was found during the investigation that the complainant’s matter together with others, had been unduly delayed due to high staff turnover of social workers from the Department of Social Development and that the matters had been kept in abeyance.

Through a process of mediation and collaboration with the Department, the complainant’s and others’ applications were allocated and referred to a social worker who finalised the matters.




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IMPLEMENTATION OF REMEDIAL ACTION AND IMPACT

1.6 IMPLEMENTATION OF REMEDIAL ACTION AND IMPACT

1.6.1 GENERAL PRINCIPLES REGARDING REMEDIAL ACTION

Section 182(1)(c) of the Constitution mandates the Public Protector to take appropriate remedial action after investigation and reporting on alleged or suspected improper or prejudicial conduct in state affairs. Section 6(4)(c) of the Public Protector Act, 1994 reiterates the Public Protector’s role to provide redress of the prejudice resulting from conduct found by him/her to be improper. The Public Protector Act and some of the other statutes that give additional powers to the Public Protector in pursuit of section 182(5) of the Constitution, further require the Public Protector to resolve public grievances and related disputes through conciliation, mediation, negotiation or any other means he/she deems appropriate.

In pursuit of remedial action, the Public Protector monitors the implementation of all reports and settlements to ensure that the outcomes go beyond paper justice. She has pointed out in various public pronouncements that without the implementation of remedial action, her office would become a gate to nowhere. She has further expressed the view that the architects of our democracy could never have meant non-judicial enforcement to mean no justice or an act of tricking people with a placebo. She has indicated that she believes the process is to place the complainant as close as possible to where they would have been had the state acted correctly in the first instance.

The 2011 National Stakeholder Dialogue focused on the state’s responsibility regarding the implementation of remedial action and the outcome was a consensus on the duty of the state to implement or take the Public Protector on review. The Good Governance Conference reinforced the message through a dialogue on the place of consequences in public accountability. The dialogue also helped stakeholders understand the principle of choice of law, meaning that if a complainant chooses to vindicate his or her rights under the Public Protector Act, they cannot be compelled to claim under another available law.

1.6.2 GROWING COMPLIANCE REGARDING REMEDIAL ACTION

It is gratifying to note that virtually all the 2011/12 findings of the Public Protector were accepted by the organs of state involved and remedial action implemented. The Public Protector facilitates expeditious implementation of remedial action through requiring action plans, stipulating time lines for actions and interacting with relevant authorities after the issuing of her report to remind them about compliance requirements and clarify matters where such clarity is needed by relevant authorities. The issuing of provincial reports to allow parties to appreciate the Public Protector’s reasoning and engage her with any concerns they might have before finalisation of the report, has also improved compliance with remedial action.


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IMPLEMENTATION OF REMEDIAL ACTION AND IMPACT (continued)

1.6.3 SELECTED SUCCESS STORIES (a) REPORT No. 10 OF 2011/12 When the Department of Correctional Services responded to the provisional report, it immediately indicated acceptance of the findings and intention to implement immediately. The Minister of Correctional Services concurred with the response of the Department’s National Commissioner, who said: “From the reading of the report, it is apparent that the Department did indeed mismanage the process of termination (of the complainant’s) employment relationship with the DCS. Clearly the option that should have been pursued (with the complainant) was an investigation into his ill health with the aim of securing medical boarding for him.”

(b) REPORT No. 12 OF 2011/2012

The Western Cape Department of Health’s immediate response to the provisional report of the Public Protector was to commence with the process of implementation. After engaging the Department with the provisional report, the Head of the Department responded as follows: “…IampleasedtorespondthattheDepartmentofHealthacceptsthefindingsofthereportandcommitstothe implementationofthereport’srecommendation.

YourreporthashighlightedanumberofservicedeliveryconcernsattheGugulethuCHCwhichareviewedinavery seriouslight.TheDepartmentaimstoprovidethehigheststandardsofcaretolocalpeopleandreportsofthisnatureare alwaystreatedseriouslyandusedasanopportunitytolearnandimproveservices.”

(c) VISIBLE IMPACT THROUGH COOPERATION

The state’s positive response to and the impact that systemic investigations such as the Against the Rules, the Executive Ethics Code reports and the Dipaleseng intervention have had on good governance and awareness of principles of good administration has been encouraging to the Public Protector team.



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1.7 STAKEHOLDER RELATIONS MANAGEMENT

Efforts aimed at ensuring strong and collaborative stakeholder relations continued to be part of the work of the Public Protector. Activities included meetings with appropriate authorities in Parliament, occasional meetings with the President, bilateral meetings with ministers, premiers, provincial parliaments and other oversight bodies such as the Auditor- General. Memoranda of Understanding have been entered into or updated. The National Stakeholder Dialogue and Public Protector Good Governance Week were utilised to further strengthen relations and synergies with stakeholders, particularly fellow oversight bodies. The consultative dialogues also provided a valuable vehicle for stakeholder feedback on the Public Protectors’ service delivery and specialised needs of stakeholder groupings such as women, children, persons with disability, rural communities and people of foreign origin. The feedback received on diverse stakeholder need has fed into the Public Protector’s Strategy on Accessibility and Trust.

STAKEHOLDER RELATIONS MANAGEMENT


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THE AFRICAN AGENDA AND BROADER INTERNATIONAL RELATIONS

1. 8 THE AFRICAN AGENDA AND BROADER INTERNATIONAL RELATIONS

1.8.1 AFRICAN OMBUDSMAN AND MEDIATORS ASSOCIATION AND THE AFRICAN AGENDA

(a) GROWING OMBUDSMAN AND MEDIATORS ASSOCIATION AND AFRICAN OMBUDSMAN RESEARCH CENTRE

The Public Protector continues to play a meaningful role in the management of the affairs and nurturing the growth of the African Ombudsman and Mediators Association (AOMA). With the year having commenced shortly after the launch of the African Ombudsman Research Centre (AORC) at the University of KwaZulu-Natal in Durban, a lot of work went into staffing and nurturing the AORC. The Department of International Relations and Cooperation (DIRCO) continues to graciously fund the AORC under its African Renaissance Trilateral Fund. The Centre also benefited immensely from German Federal Development Agency (GIZ) technical support. Achievements included a Needs Assessment Report which will form the basis for capacity building for the African Ombudsman. AOMA also made history by gaining African Union accreditation.

(b) SUPPORTING AFRICAN OMBUDSMAN OFFICES

Beyond formal AOMA work, the Public Protector continued to provide technical assistance to Ombudsman offices on the continent. This was achieved mainly through study visits from various African Ombudsman institutions to the Public Protector.

1.8.2 CONTRIBUTION TO GLOBAL GOOD GOVERNANCE EFFORTS AND OMBUDSMANSHIP

(a) SHARING OF GOOD PRACTICES

The Public Protector entered into a bilateral agreement with the Parliamentary and Health Service Ombudsman (PHSO). The agreement focuses on mutual support and sharing of good practices. She also engaged with the International Ombudsman Institute (IOI) with a view to incorporating their good practices in nurturing the growth of AOMA and strengthening relations between these two institutions.

(b) OVERSEAS TRIPS

i. Public Protector • Led a team to the PHSO, in May 2011, to benchmark the operations of both institutions with the aim of enhancing, amongst others, investigations, case management, performance management and call centre


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management. During the trip, the Public Protector presented a speech at the 2011 Annual Conference of the British Irish Ombudsman Association (BIOA) Conference in the UK, May 2011. • Participated at the 3rd World Justice Conference Project in Madrid Spain, in July 2011. • The Public Protector attended and participated at the Ombudsman Research Centre Conference held in Addis Ababa on 13-17 September 2011. ii. Deputy Public Protector • The Deputy Public Protector led a team to the “Defense of rights and good practices in Private Management of the Public Service: The role of the Ombudsman” seminar in Barcelona, Spain on 21–22 November 2011. • The Deputy Public Protector was delegated to deliver a paper titled:IstheOmbudsmanallowedtoacceptand use confidential government’s documents provided in a sneaky way by public servant at the International Ombudsmen Conference held from 14–17 June 2011 in Curacao.

iii. International Events Hosted • Sharpen Your Teeth Investigation Course offered by Ontario Ombudsman Andre Marin and his team in Tshwane on 22–24 August, 2011. • The Public Protector hosted the Malawian Ombudsman on 13 March 2012 on a benchmarking exercise.

THE AFRICAN AGENDA AND BROADER INTERNATIONAL RELATIONS (continued)


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CONCLUDING OBSERVATIONS AND FORWARD PLANNING

1.9 CONCLUDING OBSERVATIONS AND FORWARD PLANNING

1.9.1 CONCLUDING OBSERVATIONS

The year under review was a rewarding year that saw the Public Protector as an institution grow from strength to strength while gaining unprecedented ground with regard to public trust and accessibility to all persons and communities. The achievements were possible due to high levels of stakeholder cooperation within and outside the state and the dedication of the Public Protector team despite facing enormous resource constraints.

Stakeholder feedback highlighted the need for improved turnaround times, a matter that features centrally in the Public Protector’s service promise, which includes prompt justice and remedial action. The slight strategic shift, which saw the incorporation of “justice” in what used to be “PromptRemedialAction”, leading to “prompt justice, including remedial action”,seeks to underscore the commitment to balance the quality and swiftness of investigations.

With a combination of additional resources, continuous improvements in work methods and business processes, the Public Protector hopes to achieve this vision in the near future. The injection of additional funding towards enhanced investigation capacity is sincerely appreciated in this regard and has made a huge difference.

The increasing cooperation from organs of state during and after investigations is also sincerely appreciated as this reduces the strain on the office’s resources while enhancing efficiency, effectiveness and impact.

1.9.2 TRENDS FOR NOTING AND ACTION

The value of the work of the Public Protector is not only to exact accountability and justice in respect of specific cases, but also to act as a catalyst for change with a view to entrenching good administration as a way of life. In this regard it is important that Parliament and organs of state note the patterns of maladministration and take measures to arrest the causal and influencing factors. It is particularly important that action be taken swiftly as there is growing public dissatisfaction with poor service delivery, abuse of state resources and corruption in the context that calls for absolute fiscal discipline tempered by ubuntu in response to growing public despair due to poverty, inequality and underdevelopment.

The patterns revealed by cases referred to the Public Protector in the period under review, point to a need for strengthening financial and procurement systems, leadership and disciplinary mechanisms, particularly at local government level. Many of the complaints relate to failure to implement adverse findings such as those of the Auditor- General and Forensic reports. Another key pattern relates to compliance with supply chain requirements, particularly competitive processes and due diligence in regard to reasonable pricing and quality assurance. It cannot be right that the state ends up paying far above retail prices whereas it should pay much less by leveraging its bulk buying capacity. Although management of state office leasing emerged as a major source of concern during the period under review, similar patterns of concern are indicated in other supply chain areas, including the procurement of hospital equipment and


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professional services. Lack of compliance with Strategic Plans and Integrated Development Plans (IDPs), an issue highlighted in the Against the Rules and Glimmer of Hope reports, is another area that needs urgent attention. Not only are such anomalies associated with possible corruption, but such distortions have serious implications for government budget priorities and the achievement of the constitutional priorities and national developmental goals that would have informed budget allocations. This has adverse implications for the achievement of priorities such as socio-economic rights and Millennium Development Goals.

Ethical governance increasingly emerges as an issue. Concerns are not confined to overt violations of the Executive Ethics Code. The right to a decision is a major source of many of the complaints dealt with. In this context of edginess in society, it is important that promises are kept and that regular channels of communication and accountability to communities are maintained. A related issue is ensuring that the outcomes of the Public Protector’s processes and those of the Auditor-General are effectively used as conduits to strengthen public accountability and to facilitate constructive dialogue between the people and the state and not as gates to nowhere.

1.9.3 FORWARD PLANNING

The coming year will be dedicated to implementing Public Protector Vision 2020, which, though tweaked slightly, remains intact. The growing and learning together processes aimed at strategy alignment remain an anchor of institutional service delivery improvement. These efforts have been bolstered by the leadership and team building process that seeks to ensure that the Public Protector consistently operates as a purpose-driven organisation. Skills enhancement activities are part of the package and so are ongoing bridge-building efforts with all key stakeholder groupings.

The following support is specifically requested from Parliament: • Funding for increased investigation capacity, a functional Case Management System, a Call Centre, and Regional offices and enhanced Mobile Office of the Public Protector (MOPP) services in provinces such as Limpopo, where the accessibility deficit is extreme; • Support for popularising the importance of non-judicial righting of state wrongs; • Assistance with organs of state that fail to cooperate during and after investigations; • Finalisation of Public Protector Rules; • Promoting respect for institutional independence; • Embracing the national good governance agenda initiative; and • Noting and embracing the African Ombudsman institution agenda.

CONCLUDING OBSERVATIONS AND FORWARD PLANNING(continued)

PartTwo CHIEF EXECUTIVE OFFICER’S REVIEW



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CHIEF EXECUTIVE OFFICER’S REVIEW

2.1 Strategic Planning Framework

The strategic planning process was conducted using a strategic framework for an optimally functional and performing organisation. Five strategic pillars underpin the framework, which is represented by the following diagram:

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2.2 Key Strategic Objectives

The key strategic objectives of the Public Protector South Africa that were defined during 2011/12 are as follows: a) Strategic Objective 1: Accessible to and trusted by all persons and communities; b) Strategic Objective 2: Prompt remedial action; c) Strategic Objective 3: Promotion of good governance in the conduct of all state affairs; d) Strategic Objective 4: An efficient and effective organisation; and e) Strategic Objective 5: Optimal performance and service-focused culture.

CHIEF EXECUTIVE OFFICER’S REVIEW


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STATISTICAL OVERVIEW OF CASES AND INVESTIGATIONS2.3

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T0TAL INVESTIGATED

RECEIVED

SENT OUT

RECE

IVED

20 62

6IN

TERN

AL

TRAN

SFER

SFI

NALI

SED

16 76

3

WITHIN JURISDICTION

JURISDICTION

NO JURISDICTION

NO JURISDICTION

REFERRAL TO OTHER BODIES

TOTAL FINALISED

CARR

IED

OVER

TO

20

12/13

10

183

TOTAL RECEIVED

INTA

KE A

SSES

SMEN

T

37

0 1 6

92

1 692

1 7

29

0 0

0 1 6

92

0 1 6

92

37

EARL

Y RE

SOLU

TION

59

1 89

9 0

899

1 516

26

63

1 1

65

28

36

1 229

22

4

GOOD

GOV

ERNA

NCE

122

272

0 27

2 39

7 3

2 14

1 0

0 14

1 25

4

SERV

ICE

DELIV

ERY

192

383

0 38

3 67

5 10

0 77

39

8 0

0 39

8 20

0

EAST

ERN

CAPE

55

81 2 9

17

1 2 9

18

3 476

0

4 1 7

14

0 0

1 714

1 7

58

FREE

STA

TE

366

1 962

16

7 2 1

29

2 497

2

2 1 4

98

156

0 1 6

54

841

GAUT

ENG

1 226

2 7

15

241

2 956

4 6

84

502

0 1 5

02

241

21

1 764

2 9

20

KWAZ

ULU-

NATA

L 30

9 1 3

55

163

1 518

1 8

33

6 14

1 0

64

157

102

1 323

49

6

LIMPO

PO

169

982

183

1 165

1 3

90

56

5 1 0

62

112

0 1 1

74

211

MPUM

ALAN

GA

556

1 289

60

1 3

49

1 908

3

40

1 006

43

0

1 049

81

9

NORT

HERN

CAP

E 28

5 1 2

76

92

1 368

1 7

86

133

19

1 003

92

2

1 097

67

0

NORT

H W

EST

548

1 856

44

9 2 3

05

2 974

12

1 12

4 1 6

83

455

5 2 1

43

707

WES

TERN

CAP

E 64

4 1 4

59

213

1 672

2 5

11

195

80

1 043

19

5 14

7 1 3

85

1 046

TOTA

L 5 6

03

17 36

5 3 2

61

20 62

6 27

376

1 147

43

0 13

279

3 171

31

3 16

763

10 18

3

1 Thenumberofcasesca

rriedoverfromthepreviou

sfinanacia

lyearw

ereoversta

tedby6ca

sesa

ndhavesin

cebeenrevie

dandcorre

ctedto558


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2.4 ANNUAL PERFORMANCE INFORMATION

Asindicatedabove,thePublicProtectorSouthAfricadefinedfiveStrategicObjectivesforthe2011/12financialyear. The performance on each strategic objective was as follows:

Strategic Objective 1: Accessible to and trusted by all persons and communities

ANNUAL PERFORMANCE INFORMATION

STRATEGIC OBJECTIVE

STRATEGIES PERFORMANCE INDICATOR

2011/12 TARGET

ACHIEVEMENTS

Accessible to and trusted by all persons and Communities

Reasons for major variance

To extend, communicate and take the services of the Public Protector to 30 million persons and communities

Number of outreach, communication and education activities

7 clinics per province per month

Achieved 878 Clinics conducted out of an annual target of 756 clinics broken down as follows:a) Eastern Cape: 87 clinics conducted out of a provincial target of 84 clinics; b) Free State: 88 clinics conducted out of a provincial target of 84 clinics;c) Gauteng: 170 clinics conducted out of a provincial target of 168 clinics;d) KwaZulu-Natal: 90 clinics conducted out of a provincial target of 84 clinics;e) Limpopo: 88 clinics conducted out of a provincial target of 84 clinics;f) Mpumalanga: 88 clinics conducted out of a provincial target of 84 clinics;g) Northern Cape: 86 clinics conducted out of a provincial target of 84 clinics;h) North West: 96 clinics conducted out of a provincial target of 84 clinics; andi) Western Cape: 85 clinics conducted out of a provincial target of 84 clinics.


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ANNUAL PERFORMANCE INFORMATION (continued)


STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS

Accessible to and trusted by all persons and communities








7 MOPP clinics per month for EC, LIM & KZN

7 information sessions per province per annum

Achieved 259 MOPP clinics conducted out of an annual target of 252 MOPP clinics broken down as follows:a) Eastern Cape: 84 clinics out of a provincial target of 84 clinics; b) KwaZulu-Natal: 88 clinics out of a provincial target of 84 clinics; andc) Limpopo: 87 clinics out of a provincial target of 84 clinics.

Achieved 111 Information sessions conducted out of an annual target of 63 information sessions broken down as follows:a) Eastern Cape: - 17 information sessions conducted out of a provincial target of 7 information sessions;b) Free State: - 21 information sessions conducted out of a provincial target of 7 information sessions;c) Gauteng: -18 information sessions conducted out of a provincial target of 7 information sessions;d) KwaZulu-Natal: - 7 information sessions conducted out of a provincial target of 7 information sessions;e) Limpopo: - 7 information sessions conducted out of a provincial target of 7 information sessions;f) Mpumalanga: - 7 information sessions conducted out of a provincial target of 7 information sessions;g) Northern Cape: - 10 information sessions conducted out of a provincial target of 7 information sessions;h) North West: - 17 information sessions conducted out of a provincial target of 7 information sessions; andi) Western Cape: - 7 information sessions conducted out of a provincial target of 7 information sessions.


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STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS









7 MOPP information sessions per annum for EC, LIM & KZN

5 radio slots per province per annum

Achieved28 MOPP Information sessions conducted out of an annual target of 21 MOPP information sessions broken down as follows:a) Eastern Cape: 8 MOPP Information sessions conducted out of a provincial target of 7 MOPP information sessions; b) KwaZulu-Natal: 11 MOPP Information sessions conducted out of a provincial target of 7 MOPP information sessions;c) Limpopo: 9 MOPP Information sessions conducted out of a provincial target of 7 MOPP information sessions.

Achieved 78 Radio slots for all Provinces out of an annual target of 45 radio slots broken down as follows:a) Eastern Cape: 5 radio slots out of a provincial target of 5 radio slots;b) Free State: 23 radio slots out of a provincial target of 5 radio slots;c) Gauteng: 10 radio slots out of a provincial target of 5 radio slots;d) KwaZulu-Natal: 7 radio slots out of a provincial target of 5 radio slots;e) Limpopo: 5 radio slots out of a provincial target of 5 radio slots;f) Mpumalanga: 7 radio slots out of a provincial target of 5 radio slots;g) Northern Cape: 7 radio slots out of a provincial target of 5 radio slots;h) North West: 9 radio slots out of a provincial target of 5 radio slots; andi) Western Cape: 5 radio slots out of a provincial target of 5 radio slots.


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STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS




5 newspaper articles per province per annum

Achieved 58 Newspaper articles published for all provinces out of an annual target of 45 newspaper articles broken down as follows:a) Eastern Cape: 6 newspaper articles published out of a provincial target of 5 newspaper articles;b) Free State: 7 newspaper articles published out of a provincial target of 5 newspaper articles;c) Gauteng: 10 newspaper articles published out of a provincial target of 5 newspaper articles;d) KwaZulu-Natal: 7 newspaper articles published out of a provincial target of 5 newspaper articles;e) Limpopo: 7 newspaper articles published out of a provincial target of 5 newspaper articles;f) Mpumalanga: 5 newspaper articles published out of a provincial target of 5 newspaper articles;g) Northern Cape: 5 newspaper articles published out of a provincial target of 5 newspaper articles;h) North West: 5 newspaper articles published out of a provincial target of 5 newspaper articles; andi) Western Cape: 6 newspaper articles published out of a provincial target of 5 newspaper articles.



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STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS





To effectively engage and partner with stakeholders to reach all persons and communities



Number of engagements/collaboration with stakeholders


5 national events per annum

1 Stakeholder forum established and MOU signed with the forum per annum

Good Governance week per province per annum

Achieved 5 national events per annum celebrated as follows: a) Youth month celebrated in Port Shepstone, KwaZulu-Natal on 24 June 2011;b) Women’s month celebrated in Polokwane, Limpopo on the 18 August 2011;c) Heritage month celebrated in Kuruman, Northern Cape;d) 16 Days of Activism of no Violence against Women and Children celebrated in George, Western Cape on 25 November 2011; ande) Human Rights month celebrated in Bethlehem, Free State on 20 March 2012.

Achieved 1 Stakeholder forum established and MOU signed with the forum in all provinces.

Achieved Good Governance Week activities held in all provinces and nationally on 17 – 21 October 2011.





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STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS


To effectively engage and partner with stakeholders to reach all persons and communities

Number of engagements/collaborations with stakeholders

6 Engagements/ collaborations with stakeholders per province per annum

Achieved 96 Collaboration activities achieved by all provinces out of an annual target of 54 collaboration activities broken down as follows:a) Eastern Cape: 8 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;b) Free State: 13 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;c) Gauteng: 13 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;d) KwaZulu-Natal: 6 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;e) Limpopo: 24 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;f) Mpumalanga: 6 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;g) Northern Cape: 7 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration;h) North West: 13 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration; andi) Western Cape: 6 engagements/ collaboration activities achieved out of a provincial target of 6 engagements/ collaboration.



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STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS



Implement, monitor and review the Outreach, Education and Communication Strategy

Develop and implement the comprehensive framework for accessibility regarding a national footprint, language and disability considerations

Quarterly reports on the implementation of all deliverables of the strategy

Approved comprehensive framework for accessibility regarding a national footprint, language and disability considerations

Implement and monitor the Outreach, Education and Communication Strategy

Comprehensive framework for accessibility regarding a national footprint, language and disability considerations approved by 31 March 2012

AchievedOutreach, Education and Communication Strategy implemented and the following key deliverables achieved:a) 6 Internal newsletters (Marang) published;b) Complaints brochure reviewed;c) Produced wall calendar, desk (tent) calendar, and season’s greetings cards;d) Website updated with 83 new items;e) 129 Newsflash editions published;f) 7 Media briefings held;g) 95 media releases issued;h) 62 Speeches prepared for the Executive; andi) Participation and exhibition at various panel discussion.

AchievedComprehensive framework for accessibility regarding a national footprint, language and disability considerations developed, approved and implemented.




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STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS


Building trust, confidence and faith among stakeholders

Periodic survey on stakeholder trust, confidence and faith

2 Surveys on stakeholder trust, confidence and faith by 31 March 2012

Achieved2 Surveys on stakeholder trust, confidence and faith conducted on:a) Public perceptions survey: Stakeholder and public awareness, perceptions of the Public Protector, whether they trust and believe in the institution and whether it is accessible;b) Customer Satisfaction survey: The survey is meant to obtain feedback from the public about their experience when dealing with the Public Protector South Africa in order to improve the level of customer service so as to become a customer-centric organisation that is responsive to customer needs and satisfaction in line with the Batho Pele principles.

The results of the surveys have been analysed and will be implemented during the next financial year.



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Strategic Objective 2: Prompt remedial action

STRATEGIC OBJECTIVE


2011/12 TARGET

ACHIEVEMENTS

Prompt remedial action


Implement, monitor, evaluate and improve Early Resolution and Intake Assessment components and Customer Services

Implement, monitor, evaluate and improve Early Resolution and Intake Assessment components and Customer Services

Quarterly monitoring and evaluation report of Early Resolution and Intake Assessment components and Customer Services

Reviewed Intake Assessment procedures and processes approved by 30 September 2011

Early Resolution and Intake Assessment components monitored, evaluated and reported quarterly

Review Intake Assessment procedures and processes by 30 September 2011

AchievedEarly Resolution and Intake Assessment component monitored, evaluated and reported on.

AchievedIntake Assessment procedures and processes reviewed and a procedure manual developed and approved on 23 November 2011. The manual is being implemented.




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STRATEGIC OBJECTIVE


2011/12 TARGET ACHIEVEMENTS



Speedy resolution of complaints

Speedy resolution of complaints

Time taken to resolve complaints allocated to the Early Resolution units

Time taken to resolve other complaints received by Public Protector

Investigate and resolve complaints allocated to Early Resolution units within the following time periods:a) 50% of the complaints resolved within a month;b) 50% (balance) of the complaints resolved within 2 months

Investigate and resolve all other complaints within the following time periods:a) 50% of the complaints investigated and resolved within 3-6 months; andb) 50% of the complaints investigated and resolved within 7-12 months.

Not AchievedComplaints allocated to Early Resolution units were not finalised within the target period.

Not AchievedComplaints were not finalised within the target period.

Reasons for major variance : Complaints were not finalised due to capacity constraints and huge workload in some offices.

Reasons for major variance: Complaints were not finalised within the target period due to the complexity of some of the complaints and huge workload and capacity constraints in some offices.


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STRATEGIC OBJECTIVE






Establish response protocols with an approved priority list of organs of state that fall under Public Protector’s scope and mandate

Implement Alternative Dispute Resolution procedures, processes and competencies

Pilot, train, monitor and report on implementation and compliance with Public Protector Rules

Number of response protocols with state organs on the priority list with formally authorised response protocols

Implementation of Alternative Dispute Resolution procedures and processes.

Report on evaluation of compliance with Public Protector Rules

Priority list of organs of state developed and approved by 30 September 2011

Implement approved ADR procedures and processes

Response protocols established with 80% of the state organs on the approved priority list

Quarterly report on evaluation of compliance with Public Protector Rules

Achieved18 State institutions that do not co-operate with the Public Protector identified for negotiation of response protocols.

AchievedAlternative Dispute Resolution procedures and processes implemented.

Not AchievedResponse protocols concluded with 14 (77%) of the state institutions on the approved priority list.

Not AchievedPublic Protector Rules drafted and presented to Parliament for final consultation. The Portfolio Committee on Justice and Constitutional Development recommended the rules be simplified. Two (2) members of the Rules Board are simplifying the rules and this will be finalised during the next financial year.

Reasons for major variance: The process of concluding response protocols with some institutions took longer and will be finalised during the next financial year.




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Strategic Objective 3: Promotion of good governance in the conduct of all state affairs

STRATEGIC OBJECTIVE



Promotion of Good Governance in the Conduct of all State Affairs

Through complaint handling or on own initiative, identify and resolve or intervene in systemic administrative deficiencies relating to service delivery and incidences of maladministration and corruption

Number of systemic administrative deficiencies or interventions relating to service delivery and incidents of maladministration and corruption identified and resolved

Identify and resolve 1 systemic administrative deficiencies or interventions relating to service delivery and incidents of maladministration and corruption per unit and per province.

Not Achieved8 Systemic investigations have been identified and are currently being investigated.Finalised Investigations/ interventionsa) Systemic intervention on delay in finalising permits by Department of Home Affairs and court case brought by immigration practitioners;b) Systemic Intervention on allegations of maladministration and poor governance by the Dipaleseng Local Municipality; andc) Sewerage complaints of Mangaung Metropolitan Municipality. Municipality ongoing investigations/ interventionsa) Systemic investigation of the Family Advocate: Pretoria office: Complaints about processes and procedures followed;b) Systemic investigation on allegations of unlawful occupation of RDP houses at Villas in Port Elizabeth;c) Systemic investigation relating to handling and processing of applications for low-cost housing subsidy, the allocation of low-cost houses, the building of incomplete and structurally defective low-cost houses in Mpumalanga province;d) Systemic investigation into failure by Langeberg Municipality to repair RDP houses; and e) Systemic Investigation on RDP houses in some provinces.

Reasons for major variance: Systemic investigations are complex and take longer, and the identified investigations were not finalised within the financial year


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STRATEGIC OBJECTIVE





Through complaint handling or on own initiative, identify and resolve or intervene in systemic administrative deficiencies relating to service delivery and incidences of maladministration and corruption

To investigate and handle all complaints relating to the Executive Members Ethics Act

Number of own initiative investigations identified, investigated and concluded

Compliance with the Executive Members Ethics Act

Identify, investigate and conclude 1 own initiative investigation per unit and per province

100% compliance with the Executive Members Ethics Act

Not Achieved10 Own initiative investigations identified and 3 have been finalised and 7 are on-going.

Not Achieved3 complaints were investigated in terms of the Executive Members Ethics Act; however the timelines could not be met.

Reasons for major variance: The target was not achieved mainly due to delays by members of the Executive in responding to enquiries

Reasons for major variance: Own initiative investigations are complex and take longer and the identified investigations were not finalised within the financial year


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STRATEGIC OBJECTIVE







Manage and monitor investigation, reporting and implementation of remedial action and the impact thereof

Leverage stakeholder and international relations for improved organisational performance



Report on monitoring and management of investigations and implementation of remedial action

Number of co-operative and stakeholder engagement activities



Quarterly report on monitoring and management of investigations and implementation of remedial action

Benchmarking visits and joint ventures with 2 identified high-performing institutions by 31 March 2012

Annual Good Governance Conference in October 2011

1 Stakeholder forums in all provinces

AchievedRemedial action monitored and quarterly reports submitted to the Think Tank for discussion.

AchievedBenchmarking visits and joint ventures with the following high-performing institutions:a) UK Parliamentary and Health Service Ombudsman;b) South African Revenue Service; andc) Alexander Forbes.

AchievedGood Governance Conference held in October 2011

AchievedStakeholder consultation held in all provinces






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StrategicObjective4:Anefficientandeffectiveorganisation

STRATEGIC OBJECTIVE



Anefficientand effective organisation

Anefficientand effective Organisation


Automate the identified business processes and systems:a) HR Payroll and Leave Application Systemb) Communications Video Conferencingc) Finance and Supply Chain Management

Manage infrastructure and re-engineer existing systems

Automate the identified business processes and systems:a) HR Payroll and Leave Application Systemb) Communications Video Conferencingc) Finance and Supply Chain Management

Approved feasibility study and viable Enterprise Resource Planning

Re-engineered Case Management System (CMS)

Reporting tool developed and approved

Develop an ERP System, Phase 1

CMS Re-engineered according to audit findings and approved in June 2011 and implemented in August 2011

Develop and implement reporting tool

Not AchievedA feasibility study was conducted and costing for automation of the identified business processes was obtained. However, the Public Protector is not in a financial position to finance the initiative

Not AchievedA proposal for the project was drafted. However, the project is stopped pending finalisation of the systems audit and implementation of the audit. A benchmarking exercise was also conducted with the Commission for Conciliation, Mediation and Arbitration (CCMA) and Legal Aid South Africa (LASA)

Not AchievedA proposal for the project was drafted. However, the system is inter-related to the Case Management System (CMS) and a decision was taken to conduct a systems audit and benchmark with other institutions prior re-engineering the CMS

Reasons for major variance: The target was not achieved due to financial constraints

Reasons for major variance: The project was suspended pending a systems audit and benchmarking with other similar institutions



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STRATEGIC OBJECTIVE






Manage infrastructure and re-engineer existing systems

Effectively monitor, report and review organisational performance against the strategic objectives

Effectively monitor, report and review organisational performance against the strategic objectives

Approved Infrastructure Refresher Plan

Approved Performance Management and Development System(PMDS) reviewed

Organisational performance monitoring and evaluation report

Perform Gap Analysis and develop an Infrastructure Refresher Plan by 31 March 2012

Review and implement PMDS by 30 September 2011

Organisational performance monitoring and evaluation and quarterly reporting

AchievedGap Analysis performed and Infrastructure Refresher Plan developed. All hardware purchased has been analysed and the process of replacing some is on-going and will be finalised during the next financial year

Not AchievedPMDS review process started and policy reviewed. PPSA also embarked on a benchmarking exercise with high-performing institutions such as South African Revenue Service (SARS) and Alexander Forbes, and the project will be finalised during the next financial year

AchievedOrganisational performance monitored, evaluated and reported on quarterly


Reasons for major variance:

Reasons for major variance: The review of PMDS was not finalised due to the benchmarking exercise with other institutions


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STRATEGIC OBJECTIVE








Implement effective financial management controls


Develop, implement and maintain quality assurance and compliance system for business processes


Implement effective financial management controls.

Unqualified audit report and compliance with all PFMA reporting regulations and deadlines


Approved quality assurance and compliance system for business processes



Ensure that all financial prescripts, regulations and deadlines are met

Address all significant findings by Internal Audit and Auditor-General

Define and develop quality assurance and compliance system for business processes by 30 September 2011

Unqualified audit report

Financial management policies reviewed, approved and implemented

AchievedAll financial prescripts, regulations and deadlines met

AchievedAn action plan to address all significant audit findings was drafted and approved and implemented

AchievedQuality assurance and compliance system for business processes developed for investigations processes

AchievedUnqualified audit report obtained

AchievedFinancial policies reviewed, approved and implemented







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STRATEGIC OBJECTIVE





Establish Public Protector call centre and complaints Hotline

Procurement and provision of infrastructure and facilities (including office accommodation

Approved proposal for Public Protector call centre and complaints hotline

Approved infrastructure and facilities management plan

Proposal for Public Protector call centre and complaints hotline approved by 30 October 2011 and piloting done by 31 March 2012

Infrastructure and facilities management plan developed, approved by 30 June 2011 and implemented

Not AchievedA proposal for Public Protector call centre and complaints hotline was developed and approved. A benchmarking exercise with Legal Aid South Africa was embarked upon and a decision was taken to seek a call centre integrated with the CMS system; the project will be prioritised during the next financial year

Not AchievedThe development of the procurement and provision of infrastructure and facilities (including office accommodation) will be finalised during the next financial year.

Reasons for major variance: A benchmarking exercise with Legal Aid South Africa was embarked upon and a decision was taken to seek a call centre integrated with the CMS system; the project will be prioritised during the next financial year

Reasons for major variance: Needs analysis and consultation took longer than expected and therefore the development of the procurement and provision of infrastructure and facilities (including office accommodation) could not be finalised on time


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Strategic Objective 5: Optimal performance and service-focused culture

STRATEGIC OBJECTIVE



Optimal performance and service- focused culture



Review and Align the Human Resources Plan with the organisational strategy

Review and Align the Human Resources Plan with the organisational strategy

Review and align the Human Resources Plan with the organisational strategy

Approved Integrated Human Resources Plan

Approved organisational structure aligned to the strategic plan

Filling of all vacancies

Review and implement Integrated Human Resources Plan approved by 30 September 2011

Organisational structure aligned to the strategic plan and approved by 30 October 2011

95% of all approved and funded vacancies filled at all times

AchievedHR plan reviewed, approved and implemented

AchievedThe organisational structure was reviewed, aligned to the strategic plan and submitted to National Treasury for consultation in terms of section 3(10) of the Public Protector Act. National Treasury has referred the structure to the Department of Public Service and Administration (DPSA) for assistance with developing a functional structure.

The functional structure was developed and approved by the Minister of Public Service Administration and will be tabled in Parliament for approval during the next financial year.

Achieved95,4 % of all approved and funded vacancies filled





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Strategic Objective 5: Optimal performance and service-focused culture

STRATEGIC OBJECTIVE






Review and implement the Human Resources Training and Development plan

Implement an Employment Wellness Programme

Develop and implement Change Management Framework and Strategy and integrate organisational values into employee behaviour

Approved Human Resources Training and Development plan

Percentage of total employee usage

Periodic surveys on employee behaviour

Human Resources Training and Development plan reviewed; approved by 30 June 2011

Utilisation by 12% of the staff

Change Management Strategy developed and approved by 30 September 2011

AchievedHuman Resources Training and Development plan reviewed, approved and implemented

AchievedUtilisation of EWP for the financial year was 21, 4%. In addition the following were achieved:• Health Risk Assessment conducted and 161 employees participated;• Health Day Awareness and World AIDS Day conducted throughout PPSA; and• HIV and AIDS and EWP policy reviewed.

AchievedChange Management Strategy developed and approved


Reasons for major variance:



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Strategic Objective 5: Optimal performance and service focused culture

STRATEGIC OBJECTIVE








Improved organisational teamwork

Periodic surveys on employee behaviour

Periodic surveys on employee behavior

Number of team-building event and/or people management interventions

2 surveys on employee behaviour per annum by 28 February 2012

Conduct 1 workshop on organisational values

1 team-building event and/or people management intervention per annum

Achieved2 Surveys on employee behaviour conducted by 28 February 2012

AchievedCore values reviewed and workshops on the core values conducted

AchievedLeadership seminar held on 14–15 March 2012 for Public Protector management team including Senior Investigators and middle management to align the PPSA leaders around the PPSA higher purpose, mandate and strategic objectives; contribution to the value that all PPSA stakeholders should experience




PartThree HUMAN RESOURCES REPORT FOR

THE YEAR ENDED31 MARCH 2012


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EMPLOYMENT AND VACANCIES

3.1 Employment and vacancies

3.1.1 Constitutional mandate

The following tables summarise the number of posts on the establishment, the number of employees, the vacancy rate, and whether there are any staff that are additional to the establishment. This information is presented in terms of three key variables. The organisation has identified critical occupations that need to be monitored. Table 3.1.3 provides establishment and vacancy information for the key critical occupations of the department.

The vacancy rate reflects the percentage of posts that are not filled.

Programme Number Numberof Vacancy Numberofpostsfilledadditional ofposts postsfilled rate totheestablishment

Public Protector South Africa 282 269 4.6% 12

Total 282 269 4.6% 12

Table 3.1.1 – Employment and vacancies by programme, 31 March 2012

Salaryband Number Numberof Vacancy Numberofpostsfilledadditional ofposts postsfilled rate totheestablishment

Lower skilled (Levels 1-2) 0 0 0 10 (Interns)

Skilled (Levels 3-5) 67 65 3% 0

Highly skilled production(Levels 6-8) 54 53 1.8% 0

Highly skilled supervision (Levels 9-12) 132 123 6.8% 1 ( AOMA post)

Senior management (Levels 13-16) 29 28 3.4% 1 ( AOMA post)

Table 3.1.2 – Employment and vacancies by salary bands, 31 March 2012


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EMPLOYMENT AND VACANCIES (continued)

Criticaloccupations Number Numberof Vacancy Numberofpostsfilled ofposts postsfilled rate additionaltotheestablishment

Public Protector 1 1 0% 0

Deputy Public Protector 1 1 0% 0

Chief Executive Officer 1 1 0% 0

Chief Finance Officer 1 1 0% 0

Executive Manager: OE&C 1 1 0% 0

Executive Manager: GGI 1 1 0% 0

Executive Manager: Early Resolution 1 0 100% 0

Executive Manager: Service Delivery 1 1 0% 0

Senior Manager: Executive Support 1 1 0% 0

Senior Manager: HRM&D 1 1 0% 0

Senior Manager: IT 1 1 0% 0

Total 11 10 9% 0

Table 3.1.3 – Employment and vacancies by critical occupation, 31 March 2012

The information in each case reflects the situation as at 31 March 2012. For an indication of changes in staffing patterns over the year under review, please refer to section 5 of this report.


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3.2 Job evaluation

The Public Service Regulations, 1999 introduced job evaluation as a way of ensuring that work of equal value is remunerated equally. Within a nationally determined framework, executing authorities may evaluate or re-evaluate any job in his or her organisation. In terms of the Regulations all vacancies on salary levels 9 and higher must be evaluated before they are filled. This was complemented by a decision by the Minister for Public Service and Administration that all SMS jobs must be evaluated before 31 December 2002.

The following table (Table 3.2.1) summarises the number of jobs that were evaluated during the year under review. The table also provides statistics on the number of posts that were upgraded or downgraded.

JOB EVALUATION

Salary band Number of posts

Number of jobs

evaluated

% of posts evaluated by salary

bandsNumber

% of posts

evaluatedNumber

% of posts

evaluated

Posts upgraded Posts downgraded

Table 3.2.1 – Job Evaluation for the period 1 April 2011 to 31 March 2012

Lower skilled (Levels 1-2) 0 0 0% 0 0% 0 0%

Skilled (Levels 3-5) 65 0 0% 0 0% 0 0%

Highly skilled production (Levels 6-8) 53 1 1.8% 14 100% 0 0%

Highly skilled supervision (Levels 9-12) 123 0 0% 0 0% 0 0%

Senior ManagementService Band A 21 0 0% 0 0% 0 0%

Senior ManagementService Band B 4 0 0% 0 0% 0 0%

Senior Management Service Band C 2 0 0% 0 0% 0 0%

Senior Management Service Band D 1 0 0% 0 0% 0 0%

Total 269 1 1.8% 14 100% 0 0%


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JOB EVALUATION (continued)

The following table provides a summary of the number of employees whose salary positions were upgraded due to their posts being upgraded. The number of employees might differ from the number of posts upgraded since not all employees are automatically absorbed into the new posts and some of the posts upgraded could also be vacant.

The following table summarises the number of cases where remuneration levels exceeded the grade determined by job evaluation. Reasons for the deviation are provided in each case.

Table 3.2.4 summarises the beneficiaries of the above in terms of race, gender, and disability.

Beneficiaries African Asian Coloured White Total

Female 7 0 0 0 7

Male 7 0 0 0 7

Total 14 0 0 0 14

Employees with a disability 0

Table3.2.2 – Profileofemployeeswhosesalarypositionswereupgradeddue to theirpostsbeingupgradedfor the period 1 April 2011 to 31 March 2012

Occupation Number of Job evaluation Remuneration Reason for employees level level deviation

None 0

None

Total Number of Employees whose salaries exceeded the level determined by job evaluation in 2011/12 None

Percentage of total employment None

Table 3.2.3 – Employees whose salary level exceeded the grade determined by job evaluation for the period 1 April 2011 to 31 March 2012 (in terms of PSR 1.V.C.3)

Table3.2.4– Profileof employeeswhosesalary level exceeded thegradedeterminedby jobevaluation for theperiod 1 April 2011 to 31 March 2012 (in terms of PSR 1.V.C.3)

Beneficiaries African Asian Coloured White TotalFemale N/A N/A N/A N/A N/AMale N/A N/A N/A N/A N/ATotal N/A N/A N/A N/A N/A


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EMPLOYMENT CHANGES (continued)

The following table provides a summary of the number of employees whose salary positions were upgraded due to their posts being upgraded. The number of employees might differ from the number of posts upgraded since not all employees are automatically absorbed into the new posts and some of the posts upgraded could also be vacant.

Beneficiaries African Asian Coloured White Total

Female N/A N/A N/A N/A N/A

Male N/A N/A N/A N/A N/A

Total N/A N/A N/A N/A N/A

Total number of employees whose salaries exceeded the grades determined by job evaluation in 2011/12 None

Table3.2.5– Profile of employees whose salary level exceeded the grade determined by job evaluation for the period 1 April 2011 to 31 March 2012 (in terms of PSR 1.V.C.3)

3.3 Employment changes

This section provides information on changes in employment over the financial year. Turnover rates provide an indication of trends in the employment profile of the department. The following tables provide a summary of turnover rates by salary band (Table 3.3.1) and by critical occupations (Table 3.3.2). (These “critical occupations” should be the same as those listed in Table 3.3.3).

Salary band Number of Appointments Department & Turnover employees per and transfers to transfers rate band as on the department out of the 31 March 2011 department

Lower skilled (Levels 1-2) 0 3 0 0%

Skilled (Levels 3-5) 66 9 5 7.5%

Highly skilled production (Levels 6-8) 52 2 4 7.6%

Highly skilled supervision (Levels 9-12) 103 31 12 11.6%

Senior Management Service Band A 17 2 0 0%

Senior Management Service Band B 4 2 1 25%

Senior Management Service Band C 2 0 0 0%

Senior Management Service Band D 1 0 0 0%

Total 245 49 22 8.9%

Table 3.3.1 – Annual turnover rates by salary band for the period 1 April 2011 to 31 March 2012


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Table 3.3.2 – Annual turnover rates by critical occupation for the period 1 April 2011 to 31 March 2012

Table 3.3.3 – Reasons why staff left the department

Table 3.3.3 identifies the major reasons why staff left the department.

Occupation: Number of Appointments Terminations Turnover employees per and transfers and transfers rate occupation as on the department out of the 1 April 2011 department

Executive Manager: Early Resolutions 1 0 1 100%

Total 1 0 1 100%

Termination type Number % of total

Death 0 0%

Resignation 19 86.3%

Expiry of contract 2 9%

Dismissal – operational changes 0 0

Dismissal – misconduct 0 0

Dismissal – inefficiency 0 0

Discharged due to ill health 0 0

Retirement 1 4.5%

Transfers to other public service departments 0 0

Total 22 100%Total number of employees who left as a % of the total employment 22 8.9%


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Table 3.3.4 – Promotions by critical occupation

Table 3.3.5 – Promotions by salary band

Occupation: Employees as Promotions to Salary level Progressions Notch progressions at 1 April 2011 another salary promotions as to another as a % of employees level a % of employees notch within a by occupation by occupation salary level

N/A N/A N/A N/A N/A N/A


Salary band Employees Promotions to Salary band Progressions Notch progressions 1 April 2011 another salary promotions as to another as a % of employee’s level a % of employees notch within a salary band by salary level salary level

Lower skilled (Levels 1-2) N/A N/A N/A N/A N/A

Skilled (Levels 3-5) N/A N/A N/A N/A N/A

Highly skilled production (Levels 6-8) N/A N/A N/A N/A N/A

Highly skilled supervision (Levels 9-12) N/A N/A N/A N/A N/A

Senior management (Levels13-16) N/A N/A N/A N/A N/A



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3.4 Employment equity

The tables in this section are based on the formats prescribed by the Employment Equity Act 55 of 1998.

Occupational categories Male Female Total

African Coloured Indian White African Coloured Indian White

Legislators, senior officials and managers 14 0 0 3 9 0 0 2 28

Professionals 67 3 3 3 38 4 3 2 123

Technicians and associate professionals 17 0 0 0 31 1 1 3 53

Clerks 15 0 0 0 39 6 2 3 65

Service and sales workers 0 0 0 0 0 0 0 0 0

Skilled agriculture and fishery workers 0 0 0 0 0 0 0 0 0

Craft and related trades workers 0 0 0 0 0 0 0 0 0

Plant and machine operators and assemblers 0 0 0 0 0 0 0 0 0

Elementary occupations 0 0 0 0 0 0 0 0 0

Total 113 3 3 6 117 11 6 10 269

Employees with disabilities 2 0 0 0 0 0 0 1 3

Temporary staff 4 6 10

Table 3.4.1 – Total number of employees (including employees with disabilities) in each of the following occupational categories as on 31 March 2012

EMPLOYMENT EQUITY


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EMPLOYMENT EQUITY (continued)

Occupational Bands Male Female Total


Top Management 1 0 0 0 2 0 0 0 3

Senior Management 13 0 0 3 7 0 0 2 25

Professionally qualified and experienced specialists and mid-management 67 3 3 3 38 4 3 2 123

Skilled technical and academically qualified workers, junior management, supervisors 17 0 0 0 31 1 1 3 53

Semi-skilled and discretionary decision-making 15 0 0 0 39 6 2 3 65

Unskilled and defined decision-making 0 0 0 0 0 0 0 0 0

Total 113 3 3 6 117 11 6 10 269

Temporary staff 10 0 0 0 6 0 0 0 10

Grand Total 119 3 3 6 121 11 6 10 279

Table 3.4.2 – Total number of employees (including employees with disabilities) in each of the following occupational bands as on 31 March 2012


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Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents 1 0 0 0 1 0 0 0 2



Total 17 1 1 1 25 2 1 1 49



Grand Total 23 1 1 1 34 2 1 1 64

Table 3.4.3 – Recruitment for the period 1 April 2011 to 31 March 2012


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Top Management N/A N/A N/A N/A N/A N/A N/A N/A N/A

Senior Management N/A N/A N/A N/A N/A N/A N/A N/A N/A

Professionally qualified and experienced specialists and mid-management N/A N/A N/A N/A N/A N/A N/A N/A N/A

Skilled technical and academically qualified workers, junior management, supervisors, foreman and superintendents N/A N/A N/A N/A N/A N/A N/A N/A N/A

Semi-skilled and discretionary decision- making N/A N/A N/A N/A N/A N/A N/A N/A N/A

Unskilled and defined decision-making N/A N/A N/A N/A N/A N/A N/A N/A N/A

Total N/A N/A N/A N/A N/A N/A N/A N/A N/A

Employees with disabilities N/A N/A N/A N/A N/A N/A N/A N/A N/A

Table 3.4.4 – Promotions for the period 1 April 2011 to 31 March 2012


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Skilled technical and academically qualified workers, junior management, supervisors 2 0 0 0 2 0 0 0 4



Total 5 0 0 1 13 1 0 2 22



Grand Total 8 0 0 1 21 1 0 2 33

Table 3.4.5 – Terminations for the period 1 April 2011 to 31 March 2012



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Disciplinary action 8 0 0 0 2 0 0 0 10

Table 3.4.6 – Disciplinary action for the period 1 April 2011 to 31 March 2012



Legislators, senior officials and managers 14 0 0 3 9 0 0 2 28

Professionals 67 3 3 3 38 4 3 2 123

Technicians and associate professionals 17 0 0 0 31 1 1 3 53

Clerks 15 0 0 0 39 6 2 3 65

Service and sales workers 0 0 0 0 0 0 0 0 0

Skilled agriculture and fishery workers 0 0 0 0 0 0 0 0 0

Craft and related trades workers 0 0 0 0 0 0 0 0 0

Plant and machine operators and assemblers 0 0 0 0 0 0 0 0 0

Elementary occupations 0 0 0 0 0 0 0 0 0

Total 113 3 3 6 117 11 6 10 269


Table 3.4.7 – Skills development for the period 1 April 2011 to 31 March 2012


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3.5 Performance rewards

To encourage good performance, the department has granted the following performance rewards during the year under review. The information is presented in terms of race, gender, and disability (Table 3.5.1), salary bands (Table 3.5.2) and critical occupations (Table 3.5.3).

BeneficiaryProfile Cost

Number of Total number of % of total Cost Average cost beneficiaries employeesin withingroup (R’000) peremployee group

African

Male 53 113 47% R636 641.48 R12 012.10

Female 54 117 46% R461 762.81 R8551.16

Asian

Male 2 3 67% R10 261.05 R10 261.05

Female 4 6 67% R49 396.32 R12 349.08

Coloured

Male 1 3 33% R14 365.47 R14365.47

Female 6 11 54% R39 773.13 R6628.85

White

Male 3 6 50% R83 193.23 R27 731.07

Female 9 10 90% R141 390.68 R15 710.87

Employees with a disability 1 3 33% R4728.75 R4728.75

Total 132 269 49% R1 441 512.92 R10 920.55

Table 3.5.1 – Performance rewards by race, gender, and disability for the period 1 April 2011 to 31 March 2012

PERFORMANCE REWARDS


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Number of Number of % of total Total Cost Average cost Total cost beneficiaries employees withinsalary (R’000) peremployee asa%ofthe bands total personnel expenditure

Lower skilled (Levels 1-2) 0 0 0% R0.00 R0.00 0%

Skilled (Levels 3-5) 43 65 66% R239 274.75 R5 564.52 20%

Highly skilled production (Levels 6-8) 35 52 67% R280 218.78 R8 006.25 23.4%

Highly skilled supervision (Levels 9-12) 44 123 36% R680 215.19 R15 459.43 56.6%

Total 122 241 51% R1 199 708.72 R9 833.67 100%

Table 3.5.2 – Performance rewards by salary bands for personnel below Senior Management Service for the period 1 April 2011 to 31 March 2012

PERFORMANCE REWARDS (continued)


Critical Occupations Number of Number of % of total Total cost Average cost beneficiaries employees within (R’000) peremployee occupation

Senior Management, including Provincial Representatives & Chief Investigators 12 23 52% R293 568.04 R24 464.03

Total 12 23 52% R293 568.04 R24 464.03

TABLE 3.5.3 – Performance rewards by critical occupations for the period 1 April 2011 to 31 March 2012


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Number of Number of % of total beneficiaries employees withinsalary bands

SalaryBand BeneficiaryProfile Totalcost Averagecost Totalcost (R’000) per employee as a % of the total personnel expenditure

Band A 8 21 38% R180 109.86 R22 513.73 74%

Band B 2 4 50% R61 694.34 R30 847.17 26%

Band C 0 2 0% R0 00 R0 00 0%

Band D 0 1 0% R0 00 R0 00 0%

Total 10 28 36% R241 804.20 R24 180.42 100%

Table 3.5.4 – Performance-related rewards (cash bonus), by salary band, for Senior Management Service

FOREIGN WORKERS

3.6 Foreign workers

The tables below summarise the employment of foreign nationals in the department in terms of salary bands and by major occupation. The tables also summarise changes in the total number of foreign workers in each salary band and by each major occupation.

Table 3.6.1 – Foreign workers for the period 1 April 2011 to 31 March 2012, by salary band

Salary Band 1 April 2011 31 March 2012 Change

Number % of total Number % of total Number % change

Lower skilled (Levels 1-2) 0 0 0 0 0 0

Skilled (Levels 3-5) 0 0 0 0 0 0

Highly skilled production (Levels 6-8) 0 0 0 0 0 0

Highly skilled supervision(Levels 9-12) 0 0 0 0 0 0

Senior management (Levels 13-16) 0 0 0 0 0 0

Total 0 0 0 0 0 0


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FOREIGN WORKERS (continued)

Table 3.6.2 – Foreign workers for the period 1 April 2011 to 31 March 2012, by major occupation

Salary Band 1 April 2011 31 March 2012 Change

Number % of total Number % of total Number % change

N/A N/A N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A N/A

Total N/A N/A N/A N/A N/A N/A


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3.7 Leave utilisation for the period 1 January 2011 to 31 December 2011

The Public Service Commission identified the need for careful monitoring of sick leave within the public service. The following tables provide an indication of the use of sick leave (Table 3.7.1) and disability leave (Table 3.7.2). In both cases, the estimated cost of the leave is also provided.

LEAVE UTILISATION

Table 3.7.1 – Sick leave for the period 1 January 2011 to 31 December 2011

Salary Band Total % days with Number of % of total Average Estimated days medical employees employees days per cost certification usingsick usingsick employee (R’000) leave leave Lower skilled (Levels 1-2) 0 0% 0 0% 0 R0 00

Skilled (Levels 3-5) 474 67% 66 100% 7.1 R183 639.20

Highly skilled production (Levels 6-8) 294 81% 51 98% 5.7 R168 589.90

Highly skilled supervision (Levels 9-12) 561 79% 126 100% 4.4 R842 121.30

Senior management (Levels 13-16) 183 83% 27 96% 6.7 R303 065.80

Total 1512 74% 270 87% 5.6 R1 497 686.20


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Table 3.7.3 summarises the utilisation of annual leave. The wage agreement concluded with trade unions in the PSCBC in 2000 requires management of annual leave to prevent high levels of accrued leave being paid at the time of termination of service.

LEAVE UTILISATION (continued)

Table 3.7.2 – Disability leave (temporary and permanent) for the period 1 January 2011 to 31 December 2011

Salary Band Total % days with Number of % of total Average Estimated days medical employees employees days per cost certification usingdisability usingdisability employee (R’000) leave leave Lower skilled (Levels 1-2) 0 0% 0 0% 0

Skilled (Levels 3-5) 12 100% 2 3% 6 R4646.09

Highly skilled production (Levels 6-8) 121 100% 2 3.7% 60 R69 496.77

Highly skilled supervision (Levels 9-12) 0 N/A 0 0% N/A R0.00

Senior management (Levels 13-16) 42 100% 1 3.5% 42 R69 556.09

Total 175 100% 5 0.7% 35 R143 702.37

Table 3.7.3 – Annual leave for the period 1 January 2011 to 31 December 2011

Salary Band Total days taken Average days per employee

Lower skilled (Levels 1-2) 0 0

Skilled (Levels 3-5) 1 243 18.83

Highly skilled production (Levels 6-8) 1 012 18.74

Highly skilled supervision(Levels 9-12) 1 902 14.97

Senior management (Levels 13-16) 468 17.33

Total 4 625 15.63


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LEAVE UTILISATION (continued)

Table 3.7.4 – Capped leave for the period 1 January 2011 to 31 December 2011

Salary Band Total days of Average number of Average capped capped leave days taken per leave per employee employee as at 31 December 2011

Lower skilled (Levels 1-2) 0 0 0

Skilled (Levels 3-5) 4 4 1

Highly skilled production (Levels 6-8) 3 1.5 2

Highly skilled supervision (Levels 9-12) 10 5 2

Senior management (Levels 13-16) 8 8 1

Total 25 18.5 1.35

The following table summarises payments made to employees as a result of leave that was not taken.

REASON Total amount Number of Average payment (R’000) employees per employee

Leave payout for 2011/12 due to non-utilisation of leave for the previous cycle R0 0 R0

Capped leave payouts on termination of service for 2011/12 0 0 0

Current leave payout on termination of service for 2011/12 R199 204.94 20 R9 960.24

Total R199 204.94 20 R9 960.24

Table 3.7.5 – Leave payouts for the period 1 April 2011 to 31 March 2012


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HIV & AIDS AND HEALTH PROMOTION PROGRAMMES

3.8 HIV & AIDS and health promotion programmes

Table 3.8.1 – Steps taken to reduce the risk of occupational exposure

Units/categoriesofemployeesidentifiedtobeathighriskofcontractingHIV & related diseases (if any)

Key steps taken to reduce the risk

All categories HIV and AIDS

Voluntary counselling and testing

EWP

Table 3.8.2 – Details of Health Promotion and HIV & AIDS Programmes

Question Yes No Details, if yes

1. Has the department designated a member of the SMS to implement the provisions contained in Part VI E of Chapter 1 of the Public Service Regulations, 2001? If so, provide her/his name and position.

2. Does the department have a dedicated unit or has it designated specific staff members to promote the health and wellbeing of your employees? If so, indicate the number of employees who are involved in this task and the annual budget that is available for this purpose.

3. Has the department introduced an Employee Assistance or Health Promotion Programme for your employees? If so, indicate the key elements/services of this Programme.

4. Has the department established (a) committee(s) as contemplated in Part VI E.5 (e) of Chapter 1 of the Public Service Regulations, 2001? If so, please provide the names of the members of the committee and the stakeholder(s) that they represent.

5. Has the department reviewed its employment policies and practices to ensure that these do not unfairly discriminate against employees on the basis of their HIV status? If so, list the employment policies/ practices so reviewed.

Ms Z Mntuntum assisted by EWP Committee

HR Branch EWP CommitteePeer Educators

Psychological Counselling Services. HIV and AIDS Disease Management Programme Employee Assistance Programme

Ms Z Mntuntum, Mr S Lentsoane,Mr N Maoka, Mr S Mothupi,Ms N Nyandeni andMr O Segalwe

ALL HR policies reviewed

X

X

X

X

X


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Table 3.8.3 – Details of Health Promotion and HIV & AIDS Programmes

Question Yes No Details, if yes

6. Has the department introduced measures to protect HIV-positive employees or those perceived to be HIV-positive from discrimination? If so, list the key elements of these measures.

7. Does the department encourage its employees to undergo voluntary counselling and testing? If so, list the results that you have you achieved.

8. Has the department developed measures/indicators to monitor and evaluate the impact of its health promotion programme? If so, list these measures/indicators.

VCT and Health days. Disease Management Programme

Voluntary counselling and testing done during Health Days and World AIDS Day

Voluntary counselling and testing organised annually

X

X

X

HIV & AIDS AND HEALTH PROMOTION PROGRAMMES(continued)


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Table 3.9.1 – Collective Agreements for the period 1 April 2011 to 31 March 2012

Subject Matter Date

Bargaining Forum 1 April 2011 and March 2012

Table3.9.2–Misconductanddisciplinaryhearingsfinalisedfortheperiod1April2011to31March2012

Outcomes of disciplinary hearings Number % of total

Correctional counselling 0 0%

Verbal warning 0 0%

Written warning 0 0%

Final written warning 4 57%

Suspended without pay 3 43%

Fine 0 0%

Demotion 0 0%

Dismissal 0 0%

Not guilty 0 0%

Case withdrawn 0 0%

Total 7 100%

LABOUR RELATIONS

3.9 Labour relations

The following collective agreements were entered into with trade unions within the department.

The following table summarises the outcome of disciplinary hearings conducted within the department for the year under review.

Disciplinary hearings – 2011/12 None

If there were no agreements, then use the following table


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Disciplinary hearings – 2011/12 None

If there were no agreements, then use the following table

LABOUR RELATIONS (continued)

Table 3.9.3 – Types of misconduct addressed at disciplinary hearings

Type of misconduct Number % of total

Unauthorised use of office property 4 40%

Other 6 60%

Total 10 100%

Table 3.9.4 – Grievances lodged for the period 1 April 2011 to 31 March 2012

Number % of Total

Number of grievances resolved 10 91%

Number of grievances not resolved 1 9%

Total number of grievances lodged 11 100%

Table 3.9.5 – Disputes lodged with Councils for the period 1 April 2011 to 31 March 2012

Number % of Total

Number of disputes upheld N/A N/A

Number of disputes dismissed N/A N/A

Total number of disputes lodged N/A N/A

Table 3.9.7 – Precautionary suspensions for the period 1 April 2011 to 31 March 2012

Number of people suspended 3

Number of people whose suspension exceeded 30 days 0

Average number of days suspended 11.6

Cost (R’000) of suspensions R31 233.87

Table 3.9.6 – Strike actions for the period 1 April 2011 to 31 March 2012

3.9.1.1 Total number of person working days lost

Total cost (R’000) of working days lost N/A

Amount (R’000) recovered as a result of no work no pay N/A


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SKILLS DEVELOPMENT

3.10 Skills development

This section highlights the efforts of the department with regard to skills development.

Learnerships Skills Other Total programmes forms of & other short training courses

Occupational Gender Number of Trainingneedsidentifiedatthestartofthereportingperiodcategories employees as at 31 March 2012

Legislators, senior Female 11 0 11 0 11officials and managers Male 17 0 17 0 17

Professionals Female 47 0 47 0 47 Male 76 0 76 0 76

Technicians and Female 36 0 36 0 36associate professionals Male 17 0 17 0 17

Clerks Female 50 0 50 0 50 Male 15 0 15 0 15

Service and sales Female 0 0 0 0 0workers Male 0 0 0 0 0

Skilled agriculture and Female 0 0 0 0 0fishery workers Male 0 0 0 0 0

Craft and related trades Female 0 0 0 0 0workers Male 0 0 0 0 0

Plant and machine operators and Female 0 0 0 0 0assemblers Male 0 0 0 0 0

Elementary Female 0 0 0 0 0occupations Male 0 0 0 0 0

Subtotal Female 144 0 144 0 144 Male 125 0 125 0 125

Total 269 0 269 0 269

Table3.10.1–Trainingneedsidentifiedfortheperiod1April2011to31March2012


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SKILLS DEVELOPMENT (continued)

Learnerships Skills Other Total Programmes forms of & other short training courses

Occupational Gender Numberof TrainingneedsidentifiedatstartofreportingperiodCategories employees as at 31 March 2012

Legislators, senior Female 11 0 11 0 11officials and managers Male 17 0 17 0 17

Professionals Female 47 0 43 0 43 Male 76 0 71 0 71

Technicians and Female 36 0 34 0 34associate professionals Male 17 0 18 0 18

Clerks Female 50 0 50 0 50 Male 15 0 14 0 14

Service and sales Female 0 0 0 0 0workers Male 0 0 0 0 0

Skilled agriculture and Female 0 0 0 0 0fishery workers Male 0 0 0 0 0

Craft and related trades Female 0 0 0 0 0workers Male 0 0 0 0 0

Plant and machine operators and Female 0 0 0 0 0assemblers Male 0 0 0 0 0

Elementary Female 0 0 0 0 0occupations Male 0 0 0 0 0

Sub Total Female 144 0 138 0 138 Male 125 0 120 0 120

Total 269 0 258 0 258

Table 3.10.2 – Training provided for the period 1 April 2011 to 31 March 2012


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INJURY ON DUTY

3.11 Injury on duty

The following tables provide basic information on injury on duty.

Table 3.11.1 – Injury on duty for the period 1 April 2011 to 31 March 2012

Nature of injury on duty Number % of total

Required basic medical attention only N/A N/A

Temporary total disablement N/A N/A

Permanent disablement N/A N/A

Fatal N/A N/A

Total N/A N/A


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3.12 Utilisation of consultants

The following tables provide basic information on utilisation of consultants.

Table 3.12.1 – Report on consultant appointments using appropriated funds

Project Title Total number of Duration: Contract value in consultants that Work days Rand worked on the project

Sharpening your teeth 2 3 Days R591 000.00

Strategic Alignment 2 6 Months R0.00

PAJA Training 1 9 days R57 242.63

Labour Relations- Training on Disciplinary Management and Grievance Procedure 1 6 Days R128 769.40

EWP 2 2 Years R500 000.00

HRIS- HR Focus 1 1 Year R20 000.00

Total number of projects Total individual Total duration: Total contract consultants Work days value in Rand

6 9 3 Years 6 months R1 297 012.03 and 18 days

Table 3.12.2 – Analysis of consultant appointments using appropriated funds, in terms of Historically Disadvantaged Individuals (HDIs)

Project Title Percentage ownership Percentage Number of consultants by HDI groups management from HDI groups that by HDI groups worked on the project

EE Sensitisation 100% 100% 2 blacks- male & Female

Strategic Alignment by Alexander Forbes 50% 50% 1 black female 1white female

Labour Relations, Training on Disciplinary Management and Grievance Procedure 0% 0% 1

EWP 75% 75% 3 black females 1 white female

UTILISATION OF CONSULTANTS


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UTILISATION OF CONSULTANTS (continued)

Table 3.12.3 – Report on consultant appointments using donor funds

Project Title Total number of consultants Duration: Work days Donor and contract that worked on the project value in Rand PAJA Training 1 9 R57 242.63

Total number of projects Total individual consultants Total duration: Total contract Work days value in Rand

1 1 9 R57 243.63

Table 3.12.4 – Analysis of consultant appointments using donor funds, in terms of Historically Disadvantaged Individuals (HDIs

Project Title Percentage ownership Percentage management Number of Consultants by HDI groups by HDI groups from HDI groups that worked on the project

PAJA Training NIL NIL NONE


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MANAGEMENT

Adv Stoffel Fourie EXECUTIVE MANAGER

Good Governance and integrity

Momelezi Kula EXECUTIVE MANAGER

Outreach, Education and Communication

Reginald NdouEXECUTIVE MANAGER

Service Delivery

Mmatlou SebogodiCHIEF FINANCIAL OFFICER

Sebaba LentsoaneSENIOR MANAGER

– Human Resources Management

Ponatshego MogaladiSENIOR MANAGER – Strategic Support

Kgalalelo MasibiSPOKES PERSON

Abongile MadibaCHIEF INVESTIGATOR – Good

Governance and Integrity

Sechele KeebineCHIEF INVESTIGATOR – Early Resolution

Sello MothupiSENIOR MANAGER – Provincial Liaison

Dinkie DubeSENIOR MANAGER – Intake, Assessment

and Customer Services

Zoleka MntumtumSENIOR MANAGER – Facilities

Management

Charles MotauCHIEF INFORMATION OFFICER

Risenga MarumaSENIOR MANAGER – Executive Support

Adv Elsabe De WaalCHIEF INVESTIGATOR – Service Delivery


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Botromia SitholeNORTHERN CAPE PROVINCIAL

REPRESENTATIVE

Adv. Johann RaubenheimerNORTH WEST PROVINCIAL

REPRESENTATIVE

Sphelo SamuelLIMPOPO PROVINCIAL

REPRESENTATIVE

MANAGEMENT

Sune GriesselFREE STATE PROVINCIAL

REPRESENTATIVE

Lesedi SekeleGAUTENG PROVINCIAL

REPRESENTATIVE

Adv Mlandeli NkosiKWAZULU-NATAL PROVINCIAL

REPRESENTATIVE

Adv Nomsa ThomasEASTERN CAPE PROVINCIAL

REPRESENTATIVE

Adv Ruthven Janse van RensburgWESTERN CAPE PROVINCIAL

REPRESENTATIVE

Sibekuza DubeMPUMALANGA PROVINCIAL

REPRESENTATIVE

PartFourANNUAL FINANCIAL STATEMENTS

FOR THE YEAR ENDED31 MARCH 2012


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CONTENTS PAGE

ReportoftheAccountingOfficer ........................................................................................... 94 - 100

Report of the Audit Committee............................................................................................. 101 - 102

Report of the Auditor-General .............................................................................................. 103 - 105

Statement of Financial Performance ........................................................................................... 107

Statement of Financial Position .................................................................................................... 108

Cash Flow Statement ..................................................................................................................... 109

Statement of Changes in Net Asset ...............................................................................................110

Accounting policies ........................................................................................................................111

Notes to the Annual Financial Statements ...........................................................................111 - 136


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REPORT OF THE ACCOUNTING OFFICER FOR THE YEAR ENDED 31 MARCH 2012

Report of the Accounting Officer for the year ended 31 March 2012

1. LEGISLATIVE MANDATE OF THE PUBLIC PROTECTOR SOUTH AFRICA

Section 181-2 of the Constitution of the Republic of South Africa, 1996 gives the Public Protector the power to support and strengthen constitutional democracy by investigating 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; to report on that conduct; and to take appropriate remedial action. The Public Protector must be accessible to all persons and communities.

The mandate of the Public Protector is to strengthen constitutional democracy by investigating and redressing improper and prejudicial conduct, maladministration and abuse of power in all state affairs; resolving administrative disputes or rectifying any act or omission in administrative conduct through mediation, conciliation or negotiation; advising on appropriate remedies or employing any other expedient means; reporting and recommending; advising and investigating violations of the Executive Members’ Ethics Act of 1994; resolving disputes relating to the operation of the Promotion of Access to Information Act of 2000.

The Public Protector has discharged its constitutional mandate through investigating 20 626 new complaints and finalising 16 763 complaints. The Public Protector has also fulfilled its constitutional mandate of being accessible to all communities through a comprehensive Outreach programme that is aimed at reaching the poorest of the poor through various outreach, education and communication activities that are outlined in the performance information.

2. GENERAL REVIEW OF THE STATE AFFAIRS OF THE PUBLIC PROTECTOR SOUTH AFRICA

2.1 Spending trends

Public Protector South Africa spending has increased over the past four years; the table below represents and reflects the spending patterns of the Public Protector South Africa.

Themba Mthethwa CHIEF EXCECUTIVE OFFICER


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REPORT BY THE ACCOUNTING OFFICER FOR THE YEAR ENDED 31 MARCH 2012 (continued)

Spending Trends 2008/9 to 2011/12

Details Expenditure Outcome

Audited Audited Audited Audited

R R R R

2008/09 2009/10 2010/11 2011/12

Transfers received 87 354 108 860 114 272 153 729

Other non-tax revenue 2 140 772 402 935

Revenue 89 494 109 632 114 674 154 664

Compensation of Employees 69 024 79 906 87 331 96 829

Goods and Services 26 640 31 730 34 583 41 097

Depreciation 3 178 3 430 4 296 6 553

Interest 570 697 716 793

Expenditure 99 412 115 763 126 926 145 272

Surplus / Deficit -9 918 -6 131 - 12 252 9 392

The Public Protector South Africa is primarily funded through transfers from the Department of Justice and Constitutional Development. Transfers increased from R87 354 million in 2008/09 to R153 729 million in 2011/12, at an average annual growth rate of 20.7%. The budget allocation increased by 34.5% from 2010/11 to the 2011/12 financial year, mainly due to additional allocations for the appointment of additional investigative personnel, improvement of conditions of service, and municipal and office accommodation costs.

Between 2008/09 and 2011/12 compensation of employees increased from R69 million to R96.8 million, an average annual rate of 11.9 % as a result of additional investigative capacity.

The Auditor-General has identified that the PPSA did not have sufficient monitoring controls to ensure that the financial statements are free from material misstatements and that suppliers are settled within 30 days of receiving an invoice. The finding relates to impairment of the Case Management System and the financial statements have been adjusted accordingly (as reflected on page 119 of this report) and measures put in place to ensure that suppliers are settled within 30 days of receiving an invoice.


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3. CAPACITY CONSTRAINTS IN THE PUBLIC PROTECTOR SOUTH AFRICA

Due to the extended mandate of the Public Protector South Africa the current staffing level of 293 funded posts cannot cope with the volumes of work and backlog of cases on hand and meeting the time frame. The proposed Public Protector South Africa structure provides for 432 posts, of which only 293 posts are funded, leaving a total of 139 unfunded posts.

The establishment of regional offices in the recent past and in the future in line with the new footprint proposed by the Parliamentary Portfolio Committee of Justice will further strain the available resources unless additional resources are provided during 2012/2013.

The capacity constraints were however, minimised during the year by the appointment of additional staff to increase the investigative capacity. The additional staff was made possible due to a R3 million grant from National Treasury in 2010 and R15 million effective from 1 April 2012.


2011/12 2010/11 2009/10 2008/09 0

20000

40000

60000

80000

100000

120000

140000

160000

180000

Budget Expenditure

Budget versus Expenditure 2008/9 -2011/12


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4. CORPORATE GOVERNANCE ARRANGEMENTS

4.1 Corporate governance structures

4.1.1. Executive Committee

A committee consisting of the Public Protector, Deputy Public Protector and Chief Executive Officer (CEO) sits at least once a month to assist the Public Protector with organisational performance monitoring, review and decision advice.

4.1.2 Management Committee

A committee, chaired by the Chief Executive Officer, referred to as the Management Committee, comprises all heads of Public Protector South Africa core operations and corporate services. The committee, which sits quarterly, reports on the performance of each sub-programme and recommends remedial action (if any) to the Executive Committee.

4.1.3 Audit Committee

An independent external audit committee was appointed in terms of the provisions of the Public Finance Management Act 1 of 1999.

4.1.4 Think Tank Committee

A peer review mechanism referred to as the Think Tank Committee, comprising all leaders of investigation teams, sits quarterly to assist the Public Protector in reviewing cases, mainly reports, before they are finalised. Mini-Think Tank Committees within investigation teams have now been established to ensure effectiveness and efficiency.

4.1.5 Good Governance and Integrity Committee

A committee, chaired by the Deputy Public Protector, referred to as the Good Governance and Integrity Committee, assists the Public Protector to design governance standards and to monitor governance complaints (internally and externally) and compliance.

4.1.6 Bid Adjudication Committee

Treasury Regulation 16A6.2 stipulates that an institution’s Supply Chain Management (SCM) system must, interalia, provide for the adjudication of bids through a Bid Adjudication Committee, the establishment, composition and functioning of Bid Specification, Evaluation and Adjudication Committees and the selection of bid adjudication members.



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The Bid Adjudication Committee must consider the recommendations/reports of the Bid Evaluation Committee and make recommendations to the Accounting Officer.

The Bid Adjudication Committee must ensure that the bid process is fair, equitable, cost effective, transparent, and competitive and that it also complies with the PFMA, Treasury guidelines and SCM legislation.

4.2 Corporate governance arrangements

4.2.1 Risk Management

The PPSA recognises the importance of Risk Management in ensuring that its objectives are achieved. A risk assessment was undertaken to ensure that risks are identified, and mitigated by designing and implementing appropriate controls. 4.2.2 Internal Audit The internal audit function of the PPSA has been outsourced to SizweNtsalubaGobodo Inc and was fully operational through the financial year and operated in terms of an approved Charter and a rolling three- year Internal Audit plan.

5. ASSET MANAGEMENT

The purpose of Asset Management is to ensure consistent, effective and efficient asset management within the legislative framework as amended from time to time.

A policy together with guidelines that complies with the Framework, has been developed and adopted. It currently implemented and reviewed as and when required.

All acquired assets, whether capitalised or not, are captured and recorded on the Fixed Assets (Great Plains). The process of updating information is done on an on-going basis.

Various committees, including those for loss, theft, disposal, etc. have been appointed by the Accounting Officer to oversee the smooth running, ensure accountability and safe-keeping of assets.


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6. INVENTORIES

The closing balance for the inventory is reflected in the statement of financial position as at 31 March 2012.

7. PUBLIC PARTICIPATION IN THE NATIONAL TREASURY PUBLIC PRIVATE PARTNERSHIPS (PPP) PROGRAMMES

During the financial year under review, the PPSA, along with other national departments, continued to participate in a transversal Public Private Partnership (PPP) with Phakisa World. This PPP is for a term of five years and is managed by the National Treasury and the Department of Transport. The following services are provided for in this PPP:

• Long-term fleet rental (5 years) • Short-term fleet rental (day to day) • Short medium-term fleet rental (more than a month but less than a year) • 24/7 call centre • Internet-based system with an electronic log book • Chauffer and point-to-point driven services • Fuel management system • Vehicle tracking device for long-term and short medium-term rental • Classroom-based driver training • Fleet consultancy services.

8. EVENTS AFTER THE REPORTING DATE

There were no material events subsequent to the statement of financial position date.

9. BUSINESS ADDRESS

Physical Address Postal Address 175 Lunnon Street Private Bag X677 Hillcrest Office Park Pretoria Hillcrest 0001 0083

10. STATEMENT OF RESPONSIBILITIES

10.1 The PPSA is responsible for the preparation, integrity and fair presentation of the annual financial statements. The annual financial statements presented on pages 107 to 136 have been prepared in accordance with the effective Standards of Generally Recognised Accounting Practices (GRAP) issued by the Accounting Standards Board.



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10.2 The PPSA considers that, in preparing the financial statements, the most appropriate accounting policies have been used, consistently applied and are supported by reasonable and prudent judgements and estimates.

10.3 The going-concern basis has been adopted in preparing the annual financial statements. There is no reason to believe that the PPSA will not be able to continue its operations in the foreseeable future, based on budget allocation from the Department of Justice. These annual financial statements support the viability of the PPSA.

10.4 The PPSA has always assumed full accountability for maintaining compliance with all applicable legislation, its established policies, systems and processes, and for reporting its results with objectivity and the highest degree of integrity. It is critical for users of the PPSA’s annual financial statements to have confidence that the financial information provided is timely, complete, relevant and accurate.

10.5 The PPSA has established and maintains a strong ethical climate so that its affairs are conducted to the highest standards of personal and corporate conduct. The PPSA has also established an effective system of internal control that provides reasonable assurance as to the integrity and accuracy of these financial statements. The internal audit function maintains critical oversight over the key areas of its business and financial processes and controls, and reports directly to the Audit Committee.

10.6 The PPSA’s external auditors, the Auditor-General South Africa, are responsible for reporting on the fair presentation of these financial statements.

10.7 The PPSA is committed to, and fully understands and embraces, all its fiduciary and legislative responsibilities. The PPSA is dedicated to ensuring that the high standards of financial accounting and reporting as well as the underlying system of internal controls are maintained. The PPSA’s culture demands integrity, and the PPSA has the greatest confidence in its processes, internal controls and its people, who are objective in their responsibilities and who operate under the highest level of ethical standards.

11. APPROVAL

The annual financial statements set out on pages 107 to 136 have been approved by the Accounting Officer.

………………………………Themba Mthethwa Chief Executive Officer 31 May 2012


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REPORT OF THE AUDIT COMMITTEE

REPORT OF THE AUDIT COMMITTEE

We are pleased to present our report for the financial year ended 31 March 2012.

Audit Committee Members and Attendance

The Audit Committee consists of the members listed hereunder and should meet four times per annum as per its approved terms of reference. During the current year five (5) meetings were held.

Current Members

Audit Committee Responsibility

The Audit Committee reports that it has complied with its responsibilities arising from section 51(1)a) of the PFMA and Treasury Regulations 27.1. The Audit Committee also reports that it has adopted appropriate formal terms of reference as its audit committee charter, has regulated its affairs in compliance with this charter and has discharged all its responsibilities as contained therein.

The Effectiveness of Internal Control

In line with the PFMA and the King III Report on Corporate Governance requirements, Internal Audit provides the Audit Committee and management with the assurance that the internal controls are appropriate and effective. This is achieved by means of the risk management process, as well as the identification of corrective actions and suggested enhancements to the controls and processes. From the various reports of the Internal Auditors, the Audit Report on the Annual Financial Statements and the management report of the Auditor-General, it was noted that matters were reported indicating material deficiencies in the system of internal control.

Accordingly, we can report that the system of internal control for the period under review was inadequate. During the year under review, several deficiencies in the system of internal control and deviations were reported by the internal auditors and the Auditor-General South Africa.

Name of Member Number of meetings attended

V Mokwena (Chairperson) 5

P Mzizi 4

D Lekoto 5


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REPORT OF THE AUDIT COMMITTEE (continued)

The quality of in-year management and monthly/quarterly reports submitted in terms of the PFMA and the Division of Revenue Act 5 of 2012

The Audit Committee is satisfied with the content and quality of monthly and quarterly reports prepared and issued by the Accounting Officer of the Department during the year under review.

Evaluation of Financial Statements

The Audit Committee has reviewed and discussed the audited annual financial statements to be included in the annual report, with the Auditor-General and the Accounting Officer; reviewed the Auditor-General’s management report and management’s response thereto; reviewed changes in accounting policies and practices; reviewed the entity compliance with legal and regulatory provisions; and reviewed significant adjustments resulting from the audit.

The Audit Committee concurs with and accepts the Auditor-General’s conclusions on the annual financial statements, and is of the opinion that the audited annual financial statements be accepted and read together with the report of the Auditor-General.

Internal Audit

The Audit Committee is satisfied that the internal audit function is operating effectively and that it has addressed the risks pertinent to the entity in its audit.

Auditor-General South Africa

The Audit Committee has met with the Auditor-General South Africa to ensure that there are no unresolved issues.

…………………………………………………….Mr V MokwenaChairperson of the Audit Committee 27July 2012


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REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT ON THE PUBLIC PROTECTOR SOUTH AFRICA

REPORT ON THE FINANCIAL STATEMENTS

Introduction

1. I have audited the financial statements of the Public Protector South Africa set out on pages 107 to 136 which comprise the statement of financial position as at 31 March 2012 and statement of financial performance, statement of changes in net assets and the cash flow statement for the year then ended, and the notes, comprising a summary of significant accounting policies.

Accountingofficer’sresponsibilityforthefinancialstatements

2. The accounting officer is responsible for the preparation and fair presentation of these financial statements in accordance with South African Standards of Generally Recognised Accounting Practice (SA Standards of GRAP) and in the manner required by the Public Finance Management Act of South Africa (Act No.1 of 1999), and for such internal control as the accounting officer determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditor-General’s responsibility

3. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) (PAA), the GeneralNotice issued in terms thereof and International Standards on Auditing. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

4. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

5. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion.

Opinion

6. In my opinion, the financial statements present fairly, in all material respects, the financial position of the Public Protector South Africa as at 1 March 2012 and its financial performance and cash flows for the year then ended in accordance with the SA standards of GRAP and the requirements of the PFMA.

Emphasis of matters

7. I draw attention to the matters below. My opinion is not modified in respect of these matters.


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Material Impairments

8. At year end, the Public Protector South Africa reviewed the carrying amount of its tangible and intangible assets for indication of impairment and identified that its Case Management System (CMS) was impaired as a result of certain functionalities of the system becoming redundant. As presented in note 13 to the financial statements, an impairment loss of R3 217 837 was recognised.

Going concern

9. Note 27 to the financial statements indicates that the Public Protector South Africa has an accumulated loss of R5 310 477 during the year ended 31 March 2012 and, as of that date, the constitutional institution’s current liabilities exceeded its total assets by R1 182 487. These conditions indicate the existence of a material uncertainty that may cast significant doubt on the constitutional entity’s ability to operate as a going concern.

REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS

10. In accordance with the PAA and the General Notice issued in terms thereof, I report the following findings relevant to performance against predetermined objectives, compliance with laws and regulations and internal control, but not for the purpose of expressing an opinion.

Predetermined objectives

11. I performed procedures to obtain evidence about the usefulness and reliability of the information in the report on predetermined objectives as set out on pages 39 to 59 of the annual report.

12. The reported performance against predetermined objectives was evaluated against the overall criteria of usefulness and reliability. The usefulness of information in the annual performance report relates to whether it is presented in accordance with the National Treasury annual reporting principles and whether the reported performance is consistent with the planned objectives. The usefulness of information further relates to whether indicators and targets are measurable (i.e. well defined, verifiable, specific, measurable and time bound) and relevant as required by the NationalTreasuryFrameworkformanaging programmeperformanceinformation.

The reliability of the information in respect of the selected objectives is assessed to determine whether it adequately reflects the facts (i.e. whether it is valid, accurate and complete).

13. There were no material findings on the report on predetermined objectives concerning the usefulness and reliability of the information.

Additional matter

14. Although no material findings concerning the usefulness and reliability of the performance information were identified in the report on predetermined objectives, I draw attention to the following matter below.

REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT ON THE PUBLIC PROTECTOR SOUTH AFRICA (continued)


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Achievement of planned targets

15. Of the total number of planned targets, only 37 were achieved during the year under review. This represents 24% of total planned targets that were not achieved during the year under review. This was due to targets not being suitably developed during the strategic planning process.

Compliance with laws and regulations

16. I performed procedures to obtain evidence that the entity has complied with applicable laws and regulations regarding financial matters, financial management and other related matters. My findings on material non-compliance with specific matters in key applicable laws and regulations as set out in the GeneralNotice issued in terms of the PAA are as follows:

Annualfinancialstatements,performanceandannualreport

17. The financial statements submitted for auditing were not prepared in all material respects in accordance with the requirements of section 40(1)(b) of the PFMA. Material misstatements of assets identified by the auditors were subsequently corrected, resulting in the financial statements receiving an unqualified audit opinion.

Expenditure management

18. Money owing by the constitutional entity was not always paid within 30 days of receiving an invoice or statement, as required by section 38(1)(f) of the PFMA and TR 8.2.3.

Internal control

19. I considered internal control relevant to my audit of the financial statements, report on predetermined objectives and compliance with laws and regulations. The matters reported below under the fundamentals of internal control are limited to the significant deficiencies that resulted in the findings on compliance with laws and regulations included in this report.

Financial and performance management

20. The entity did not have sufficient monitoring controls to ensure that the financial statements are free from material misstatements and that suppliers are settled within 30 days of receiving an invoice.

Pretoria31 July 2012

REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT ON THE PUBLIC PROTECTOR SOUTH AFRICA (continued)


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CONTENTS PAGE

Statement of Financial Performance ........................................................................................... 107

Statement of Financial Position .................................................................................................... 108

Cash Flow Statement ..................................................................................................................... 109

Statement of Changes in Net Asset ...............................................................................................110

Accounting Policies ........................................................................................................................111

Notes to the Annual Financial Statements ...........................................................................111 - 136


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STATEMENT OF FINANCIAL PERFORMANCE FOR THE YEAR ENDED 31 MARCH 2012

2011/12 2010/11

Notes R R

Revenue from non-exchange transactions 153 729 000 114 272 044

Government transfers 2 153 729 000 114 082 000

Local and foreign aid assistance 3 - 190 044

Revenue from exchange transactions 934 944 401 461

Finance income 5 659 659 283 942

Other income 6 275 285 117 519

Expenditure 145 271 633 126 925 575

Administrative expenses 7 27 954 652 23 747 102

Loss on disposal of assets 4 52 158 49 726

Staff costs 8 96 829 144 87 330 649

Finance costs 11 792 546 716 186

Depreciation and amortisation 9 6 553 114 4 296156

Other operating expenses 10 13 090 019 10 785 756

Surplus/Deficitfortheyear 9392311 (12252070)


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2011/12 2010/11 Notes R RASSETS

Non-current assets 9 265 827 14 381 373 Property, plant and equipment 12 7 762 588 8 745 188Intangible assets 13 1 503 239 5 636 185 Current assets 7 720 291 447 114

Trade and other receivables 14 347 914 61 266 Inventory 15 41 483 87 173Cash and cash equivalents 16 7 330 894 298 675 Total assets 16 986 118 14 828 487 LIABILITIES Non-current liabilities 4 127 990 3 723 185 Non-current finance lease liability 17.1 774 705 1 115 978 Provisions 18 3 353 285 2 607 207 Current liabilities 18 168 605 25 808 090 Current finance lease liability 17.1 424 163 498 910 Trade and other payables 19 11 097 477 19 739 409 Provisions 18 6 646 965 5 569 771 Total liabilities 22 296 595 29 531 275 NET ASSETS Accumulated (deficit) (5 310 477) ( 14 702 788 ) Total net assets and liabilities 16 986 118 14 828 487

STATEMENT OF FINANCIAL POSITION FOR THE YEAR ENDED 31 MARCH 2012


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2011/12 2010/11 Notes R RCASH FLOWS FROM OPERATING ACTIVITIES

Receipts 154 377 296 114 650 971

Grants 153 729 000 114 272 044

Interest received 659 659 283 942

Other receipts (11 363) 94 985

Payments (145 514 078) ( 115 434 694 )

Employee costs ( 95 005 873 ) ( 84 924 092 )

Suppliers ( 36 625 640 ) ( 19 008 660 )

Interest paid ( 792 546 ) ( 716 186 )

Other payments ( 13 090 019 ) ( 10 785 756 )

Netcashflowsfromoperatingactivities 20 8863218 (783723)

CASH FLOWS FROM INVESTING ACTIVITIES

Purchase of plant and equipment (1 633 617) (1 949 633)

Proceeds from sale of plant and equipment 143 891 1 650

Netcashflowsfrominvestingactivities (1489726) (1947983)

CASH FLOWS FROM FINANCING ACTIVITIES

Proceeds from borrowings - 659 676

Repayment of borrowings ( 341 273 ) -

Netcashflowsfromfinancingactivities (341273) 659676

Net increase/ (decrease) in cash and cash equivalents 7 032 219 ( 2 072 030 )

Cash and cash equivalents at beginning of period 298 675 2 370 705

Cash and cash equivalents at end of period 7 330 894 298 675

CASH FLOW STATEMENT FOR THE YEAR ENDED 31 MARCH 2012


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R

Restated balance as at 1 April 2010 (2 450 719)

Restated deficit for the year (12 252 069)

Deficit for the year as previously reported (12 222 476)

Prior period error (29 593)

Restated balance as at 1 April 2011 (14 702 788)

Surplus for the year 9 392 311

Balance at 31 March 2012 (5 310 477)

STATEMENT OF CHANGES IN NET ASSETS FOR THE YEAR ENDED 31 MARCH 2012


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NOTES TO THE ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2012

1. Accounting Policies

The following are the principal accounting policies of the Public Protector South Africa, which are in all material respects consistent with those applied in the previous year. Management has used assessment and estimates in preparing the annual financial statements.

These financial statements are prepared in accordance with the going concern principle and on an accrual basis with the measurement base applied being the historical cost unless stated otherwise.

1.1 Reporting institution

These financial statements are for the Public Protector South Africa. The financial statements encompass the reporting as specified in the Public Finance Management Act, No 1 of 1999.

1.2 Functional and presentation of currency

The financial statements are presented in South African rand since that is the currency in which the majority of the entity transactions are dominated. The figures have been rounded off to the nearest one rand.

1.3 Basis of preparation

The financial statements have been prepared in accordance with the effective Standards of Generally Recognised Accounting Practices (GRAP) including any interpretations, guidelines and directives issued by the Accounting Standards Board. Those relevant to the Public Protector South Africa are listed below;

Title of standard Standard

GRAP 1 Presentation of Financial Statements

GRAP 2 Cash Flow Statements

GRAP 3 Accounting Policies, Changes in Accounting Estimates and Errors

GRAP 4 The Effects of Changes in Foreign Exchange Rates

GRAP 5 Borrowing Costs

GRAP 9 Revenue from Exchange Transactions

GRAP 12 Inventories

GRAP 13 Leases

GRAP 14 Events after the Reporting Date

GRAP 17 Property, Plant and Equipment

GRAP 19 Provisions, Contingent Liabilities and Contingent Assets


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NOTES TO THE ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2012 (continued)

Title of standard Standard

GRAP 21 Impairment of Non Cash Generating Assets

GRAP 23 Revenue from Non Cash Generating Transactions

GRAP 24 Presentation of Budget Information in the Financial Statements

GRAP 26 Impairment of Cash Generating Assets

GRAP 102 Intangible Assets

GRAP 104 Financial Instruments

1.3.1 Effects of new GRAP standards

At the date of authorisation of these financial statements, the following accounting standards of a Generally Recognised Accounting Practice (GRAP) were in issue but not yet effective.

GRAP 18: Segment Reporting GRAP 20: Related Party Disclosures GRAP 25: Employee Benefits GRAP 105: Transfer of Functions between Entities under Common Control GRAP 106: Transfer of Functions between Entities nor under Common Control GRAP 107: Mergers The effective date of the above standards is not yet determined. The effect of adopting these standards when they become effective is not expected to have a significant impact on the financial statements.

1.4 Finance cost

Finance costs comprises of interest expense on borrowings and finance lease liabilities. All borrowing costs are recognised in surplus or deficit using the effective interest method.

1.5 Irregular, fruitless and wasteful expenditure

Fruitless and wasteful expenditure means expenditure which was made in vain and would have been avoided had reasonable care been exercised.

Irregular expenditure means expenditure, other than unauthorised expenditure, incurred in contravention of, or that is not in accordance with, a requirement of any applicable legislation, including the Public Finance Management Act.

All irregular and fruitless and wasteful expenditures are recognised as expenditure in the statement of financial performance in the period in which they occurred.


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1.6 Revenue recognition

1.6.1 Revenue from exchange transactions

An exchange transaction is one in which the entity receives assets or services, or has liabilities extinguished and directly gives approximate equal value in the form of goods and services or use of assets or services to the party in exchange.

1.6.2 Revenue from non-exchange transactions

Revenue from non-exchange transactions constitutes transfer payments from the Department of Justice and Constitutional Development.

The Public Protector South Africa recognises revenue from transfers in the period in which the transfer becomes binding, that is when the asset transferred meets the definition of an asset for the Public Protector South Africa and the recognition criteria for an asset have been met.

• Assets and revenue recognised as a consequence of a transfer are measured at the fair value of the assets recognised as at the date of recognition. • Monetary assets are measured at their nominal value unless the time value of money is material, in which case present value is used, calculated using a discount rate that reflects the risk inherent in holding the asset. • Non-monetary assets are measured at their fair value, which is determined by reference to observable market values or by independent appraisal by a member of the valuation profession. • Receivables are recognised when a binding transfer arrangement is in place but cash or other assets have not been received. The Public Protector South Africa analyses all stipulations contained in transfer agreements to determine if it incurs a liability when it accepts transferred resources.

Adjustments to the appropriated funds made in terms of the adjustments budget process are recognised in the financial records on the date the adjustments become effective.

1.7. Interest income

Interest income is accrued on favourable balances with commercial banking institutions. Interest income is accrued on a time basis, by reference to the principal outstanding and at the effective interest rate applicable, which is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset to that asset’s net carrying amount.



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1.8 Gains on disposal of assets

Gains or losses on disposal are included in surplus or deficit for the year and are determined by comparing sales proceeds to the carrying amounts.

1.9 Other income

Other income is recognised when it is probable that future economic benefits will flow to the Public Protector South Africa and is measured at the fair value of the consideration received or receivable.

1.10 Employeebenefits

Retirementbenefitcosts

The Public Protector South Africa offers its employees the option of choosing both a defined contribution plan and a defined benefit plan. The defined benefit plan offered to employees is the Government Employees Pension Fund (GEPF). In terms of the rules of the GEPF, the National Revenue Fund is responsible for any potential liability that might arise as a result of this plan. This implies that once contributions are paid, the Public Protector South Africa has no further payment obligations. Therefore, the defined benefit obligation, the related current service cost, the past service cost (if applicable), and any actuarial gains or losses are not recognised in the annual financial statements of the Public Protector South Africa, but are disclosed in the financial statements of the National Revenue Fund.

Payments to both defined contribution and defined benefit plans are recognised in the statement of financial position in the year to which they relate.

Short-termemployeebenefits

The cost of all short-term employee benefits is recognised during the period in which the employee renders the related service. Accruals have been raised for benefits where the employer has a present obligation to pay the benefit as a result of the employees’ services rendered to balance sheet date. The accruals have been calculated at undiscounted amounts based on current salary rates.

Gratuity

In terms of the Public Protector’s conditions of service, the Public Protector is entitled to a taxable lump sum gratuity on vacation of office. The gratuity calculation is based on the basic salary and period in office. The provision raised in the Annual Financial Statements is the actual amount that is payable to the Public Protector on vacating the office.



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1.11 Property, plant and equipment

Initial recognition

Property, plant and equipment comprise computer equipment, furniture and fittings, office equipment and motor vehicles and are stated at historical costs less accumulated depreciation. Where significant parts of an item of property, plant and equipment have different useful lives, they are accounted for as separate items. Subsequent costs are included in the asset’s carrying amount only when it is probable that future economic benefits or service potential associated with the item will flow to the Public Protector South Africa and the cost of the item can be measured reliably. Maintenance and repairs, which neither materially add to the value of assets nor appreciably prolong their useful lives, are expensed during the financial year in which they are incurred.

Depreciation

Depreciation is charged against the assets on a straight-line basis so as to fully depreciate the asset to its net realisable value at the end of its useful life, from the date available for use. Assets bought specifically for a project and intended for donation at the end of the project’s life are depreciated over the life of the contract as the residual value at that point will be nil. The assets’ residual values, useful lives and methods of deprecation are reviewed and adjusted if appropriate, at each financial year-end.

Useful lives The following are the estimated useful lives of the different categories of assets and which are depreciated on the straight-line method over the following periods:

Computer equipment 4 – 8 years Furniture & fittings 5 – 16 years Office equipment 5 – 8 years Motor vehicle 5 years

Assets held under finance leases are depreciated over their expected useful lives on the same basis as owned assets or, where shorter, the term of the relevant lease.

Derecognition

The carrying amount of property, plant and equipment is derecognised on disposal or when no future economic benefits are expected from its use or disposal. Gains or losses on disposal are included in surplus or deficit for the year and are determined by comparing sales proceeds to the carrying amounts.



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1.12 Intangible assets

Initial recognition

Intangible assets consist of computer software. Intangible assets are stated at cost less accumulated amortisation and any accumulated impairment losses.

Amortisation

Each item is amortised over its useful life once it is available for use. Amortisation is charged so as to write off the cost or valuation of assets over their estimated useful lives, using the straight-line method. The estimated useful lives, residual values and depreciation method are reviewed at each year end, with the effect of any changes in estimate accounted for on a prospective basis.

Useful lives

Intangible assets are amortised over the following periods, considered to be their estimated useful lives: Computer software 2 – 7 years.

Derecognition

The carrying amount of intangible assets is derecognised on disposal or when no future economic benefits are expected from its use or disposal. Gains and losses on disposal are included in surplus or deficit for the year and are determined by comparing sales proceeds with the carrying amounts.

1.13 Inventory

Inventory comprises of consumables on hand at balance sheet date. Inventory is valued at the lower of cost and net realisable value, and impairment losses are recognised as expenditure immediately. Inventory costs are assigned using the First in First Out (FIFO) costing methods.

1.14 Impairment of non-monetary assets

At each balance sheet date, the Public Protector South Africa reviews the carrying amount of its tangible and intangible assets to determine whether there is any indication that those assets have suffered an impairment loss. If any such indication exists, the recoverable amount of the assets is estimated in order to determine the extent of the impairment loss (if any). Where it is not possible to estimate the recoverable amount for an individual asset, the recoverable amount is determined for the cash-generating unit to which the asset belongs.

If the recoverable amount of an asset (cash-generating unit) is estimated to be less than its carrying amount, the carrying amount of the asset (cash generating) is reduced to its recoverable amount. Impairment losses are immediately recognised as an expense, unless the relevant asset is carried at a revalued amount under another standard, in which case the impairment loss is treated as a revaluation decrease under the standard.



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Where an impairment loss subsequently reverses, the carrying amount of the asset (cash-generating unit) is increased to the revised estimate of its recoverable amount, but so that the increased carrying amount does not exceed the carrying amount that would have been determined had no impairment loss been recognised for the asset (cash-generating unit) in prior years. A reversal of an impairment loss is recognised as income immediately, unless the relevant asset is carried at a revalued amount under another standard, in which case the reversal of the impairment loss is treated as a revaluation increase under that other standard.

1.15 Leases

Finance leases

Leases where substantially all the risks and rewards of ownership of the underlying asset are transferred to the Public Protector South Africa are classified as finance leases. Assets held under finance leases are initially recognised as assets at their fair value at the inception of the lease or, if lower, at the present value of the minimum lease payments. The corresponding liability to the lessor is included in the Statement of Financial Position as a finance lease obligation. Lease payments are apportioned between finance charges and reduction of the lease obligation so as to achieve a constant rate of interest on the remaining balance of the liability. Finance charges are charged directly to the Statement of Financial Performance. Contingent rentals are recognised as expenses in the periods in which they are incurred.

Operating leases Leases that the Public Protector South Africa enters into as a lessee, and where the lessor retains substantially all the risks and rewards of ownership of the underlying asset, are classified as operating leases. Payments made under operating leases are charged against revenue on a straight-line basis over the term of the lease.

1.16 Financial instruments

Recognition

Financial assets and financial liabilities are recognised on the balance sheet when the Public Protector South Africa becomes a party to the contractual provisions of the instrument.

All “regular way” purchases and sales of financial liabilities are recognised using trade date accounting. Measurement

Financial instruments are initially measured at fair value, which includes transaction costs. Subsequent to initial recognition these instruments are measured as set out below.

Financial assets

The Public Protector South Africa’s principal financial assets are accounts receivables and cash and cash equivalents, which are classified as “loans and receivables”.



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Accounts receivables – Accounts receivables are stated at amortised cost using the effective interest rate method reduced by appropriate allowances for impairment.

Cash and cash equivalents – Cash and cash equivalents comprise cash on hand and deposits held with banks, all of which are available for use by the Public Protector South Africa unless otherwise stated.

Financial liabilities

The Public Protector South Africa’s principle financial liabilities are accounts payable. All financial liabilities are measured at amortised cost, comprising original debt less principle payments and amortisations.

Accounts payables –Accounts and other payables are stated at their nominal value. Short-term payables with no interest rate are measured at the original invoice amount if the effect of discounting on individual transactions is immaterial. All payables are settled within 30 days. Where there is a delay in payment it is usually due to a dispute on the transaction. Under such circumstances the time delay is not regarded as being material.

1.17 Financial instruments

Derecognition

The Public Protector South Africa derecognises a financial asset (or where applicable part thereof) only when:

- the right to receive cash flows from the asset have expired; - the Public Protector South Africa retains the right to receive cash flows from the asset, but has assumed an obligation to pay them in full without material delay to a third party under a “pass through” arrangement; or - the Public Protector South Africa has transferred its rights to receive cash flows from the asset and either (a) has transferred substantially all the risks and rewards of the asset or (b) has neither transferred nor retained substantially all the risks and rewards of the asset, but has transferred control of the asset.

A financial liability is derecognised when the obligation under the liability is discharged or cancelled or expires.

Where an existing financial liability is replaced by another from the same customer on substantially different terms, or the terms of an existing liability are substantially modified, such an exchange or modification is treated as a derecognition of the original liability, and the difference in the respective carrying amounts is recognised in the surplus or deficit for the year.

Offsetoffinancialassetsandliabilities

Financial assets and liabilities are offset and the net amount reported in the Statement of Financial Position only when the Public Protector South Africa has a legally enforceable right to set off recognised amounts and intends either to settle on a net basis or to realise the asset and settle the liability simultaneously.


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1.18 Provisions

Provisions are recognised when there is a present obligation (legal or constructive) as a result of a past event, it is probable that it will be required to settle the obligation, and a reliable estimate can be made of the amount of the obligation.

The amount recognised as a provision is the best estimate of the consideration required to settle the present obligation at the balance sheet date, taking into account the risks and uncertainties surrounding the obligation. Where a provision is measured using the cash flows estimated to settle the present obligation, its carrying amount is the present value of those cash flows.

When some or all of the economic benefits required to settle a provision are expected to be recovered from a third party, the receivable is recognised as an asset if it is virtually certain that reimbursement will be received and the amount of the receivable can be measured reliably.

1.19 Comparatives

In order to conform to changes, comparative figures have been adjusted where necessary. The comparative figures shown in these financial statements are limited to the figures shown in the previous year’s audited financial statements and such other comparative figures that the Public Protector South Africa may reasonably have available for reporting.

1.20 Related parties

Related party transactions are transactions that involve the transfer of resources, services or obligation between related parties, regardless of whether a price is charged.

1.21 Contingent liabilities

Contingent liability is a possible obligation that arises from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity; or a present obligation that arises from past events but is not recognised because it is not probable that an outflow of resources embodying economic benefits or service potential will be required to settle the obligation; or the amount of the obligation cannot be measured with sufficient reliability.

The Public Protector South Africa does not recognise contingent liabilities as it has yet to be confirmed whether the entity has a present obligation that could lead to an outflow of resources.

1.22 Commitments

Commitments are legal obligations to undertake in a given way at a given time in the future. Usually commitments refer to the requirement for parties to a futures contract to make or receive delivery of the underlying commodities on the expiration date of the contract.



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1.23 Prior period errors

Prior period errors are omissions from, and misstatements in, an entity’s financial statements for one or more prior periods arising from failure to use or the misuse of reliable information that was available when the financial statements for that period were issued, and could have been reasonably expected to be taken into account in those financial statements.

All prior period errors are corrected retrospectively to the earliest period practicable. Comparative amounts for prior periods in which the error occurred are restated.

1.24 Key management personnel

The key management of the Public Protector South Africa includes the Public Protector, the Deputy Public Protector, the CEO and Executive Managers.

2011/12 2010/11 R R2. Government transfers (Revenue from non-exchange transactions) Transfer from Department of Justice and Constitutional Development 153 729 000 114 082 000 3. Local and foreign aid assistance (Revenue from non-exchange transactions) - 190 044 During the 2010/11 financial year the Public Protector organised a conference jointly with the Commonwealth Secretariat on a 50/50 basis

4. Gains on disposal of assets (Revenue from exchange transactions) Loss on disposal of assets 52 158 49 726

5. Finance income Interest on cash and bank deposits 659 659 283 942

6. Other income (Revenue from exchange transactions) Recoveries of bursaries 64 515 49 814 Parking 33 035 30 780 Recoveries of salaries 26 771 22 848 Other income 150 964 14 077 275 285 117 519


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2011/12 2010/11 R R7. Administrative expenses Audit fees 1 451 306 1 530 782 Bank charges 68 749 67 190 Communication 1 879 543 1 954 001 Consultancy and special services 3 559 986 3 756 061 General and administrative expenses 4 473 166 2 614 072 Information technology 6 931 615 4 135 650 Marketing and promotion 1 004 588 2 367 367 Municipal services 2 250 665 2 082 288 Travel and substance - Domestic 5 400 686 3 782 268 Travel and substance - Foreign 934 348 1 457 423 27 954 652 23 747 102

8. Staff costs Basic salaries 64 909 865 59 497 577 Defined contribution pension expense 6 819 500 5 911 135 Housing allowance 2 823 163 2 502 040 Medical aid contributions 3 652 589 3 235 619 Other - staff allowances 7 045 414 5 007 586 Pension allowance 2 240 403 2 168 618 Performance awards 1 873 338 1 859 990 Service bonus 4 695 845 4 143 979 Travel allowance 2 769 027 3 004 105 96 829 144 87 330 649 9. Depreciation and amortisation (Restated) Computer equipment 848 236 1 182 151 Furniture and fittings 685 648 831 330 Office equipment - Owned 239 870 293 446 Office equipment - Leased 101 253 328 159 Motor vehicle – Leased 438 857 342 912 Motor vehicle – Owned 49 336 99 807 Impairment of assets 3 217 837 - Intangible assets 972 077 1 218 351 6 553 114 4 296 156



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2011/12 2010/11 R R10. Other operating expenses Assets written-off - 2 000 Communication costs 491 987 501 255 Fuel and maintenance on motor vehicles 2 283 858 2 290 705 Maintenance on photocopies 184 848 57 168 Operating leases - buildings 6 445 129 4 325 044 Other operating costs 917 153 545 007 Printing and publications 1 158 199 1 182 447 Staff training and development 789 125 1 037 060 Stationary 819 720 845 070 13 090 019 10 785 756 11. Finance costs Obligations under finance leases 238 359 202 531 Creditors discounting 554 187 513 655 792 546 716 186



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Office

Office

Motor

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Eq

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ent

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Leas

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Tota

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at 1

April

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6 633

748

5 676

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2 141

982

1 121

766

1 039

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2 123

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18 73

7 843

Addit

ions

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0 21 1

21

6 601

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1 132

-

-

108 7

05

1

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(20 0

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(8 0

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(850

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(2

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2)

(63

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) (

1 748

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ce at

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arch

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7 50

3 955

5 8

93 38

1 2 4

95 10

7 27

0 879

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2 343

1 6

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9 18

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Accu

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at 1

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365

2 980

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1 268

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922 8

86

367 6

83

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29

9 992

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(6

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(7 01

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(850

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(

84 55

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(6

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(1 5

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lance

at 31

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12

4 4

84 69

1 3 6

65 73

5 1 5

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3 254

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2 463

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3 0

19 26

4 2 2

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3 544

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954 6

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7 762

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Office

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at 1

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5 320

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1 802

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975 4

84

1 039

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1 182

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16 76

0 941

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Per

iod er

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1 174

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212 9

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(6 21

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- -

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(185

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Balan

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6 633

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5 676

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2 141

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1 121

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1 039

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2 123

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18 73

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at 1

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2 121

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27

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596 6

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6 960

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31 69

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1 1

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1 83

1 330

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5 92

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12.

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13. Intangibles assets

Computer software 2011/12 Cost Balance at 1 April 2011 8 480 440 Additions 56 968 Balance at 31 March 2012 8 537 408 Accumulated amortisation Balance at 1 April 2011 2 844 255 Impairment Amortisation 3 217 837 Amortisation 972 077 Balance at 31 March 2012 7 034 169 Carrying amount As at 31 March 2012 1 503 239 Cost 2010/11 Balance at 1 April 2010 8 480 440 Additions - Balance at 31 March 2011 8 480 440 Accumulated amortisation Balance at 1 April 2010 1 625 905 Amortisation 1 218 350 Balance at 31 March 2011 2 844 255 Carrying amount As at 31 March 2011 5 636 185

During the year under review (2011/12) the Case Management Systems (CMS) was assessed to determine indications of impairment and was impaired by the amount of R3 217 837. The impairment was because the CMS does not cater for the business requirements of the PPSA as an organisation.


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2011/12 2010/11 R R14. Trade and other receivables Trade receivables (cost) 347 914 61 266 347 914 61 266

15. Inventory Consumables 41 483 87 173 41 483 87 173 16. Cash and cash equivalents Cash at bank 7 300 289 268 237 Cash at hand 30 605 30 438 7 330 894 298 675

17. Lease obligation

17.1. Finance lease obligations Opening balance 1 614 888 1 009 348 (Decrease)/Increase (416 020) 605 540 Closing balance 1 198 868 1 614 888 Non-Current obligation 774 705 1 115 978 Current obligation 424 163 498 910

Reconciliation of future minimum payments Photo copiers 2012 Up to 1 year 2 to 5 years Total Future minimum lease payments 85 311 28 321 113 632 Finance cost 6 717 1 105 7 822 Present value 78 594 27 216 105 810 Photo copiers 2011 Up to 1 year 2 to 5 years Total Future minimum lease payments 118 331 113 632 231 963 Finance cost 16 268 7 822 24 090 Present value 102 063 105 810 207 873 Motor vehicles 2012 Up to 1 year 2 to 5 years Total Future minimum lease payments 515 171 888 046 1 403 217 Finance cost 169 602 140 557 310 159 Present value 345 569 747 489 1 093 058 Motor Vehicles 2011 Up to 1 year 2 to 5 years Total Future minimum lease payments 618 366 1 285 117 1 903 483 Finance cost 221 519 274 949 496 468 Present value 396 847 1 010 168 1 407 015


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17.2 Operating Lease obligation Building 2012 Up to 1 year 2 to 5 years more than 5 years Total Total annual lease payments 5 754 888 6 699 789 - 12 454 677 Building 2011 Up to 1 year 2 to 5 years Total Total annual lease payments 3 540 171 7 840 229 - 11 380 400

18. Provisions Current provisions 2011/12 2010/11 Untaken leave 3 934 058 3 388 459 Performance bonus 2 444 076 2 012 251 Provision - Levies 268 831 169 061 6 646 965 5 569 771 Non-current provisions 2011/12 2010/11 Public Protector’s gratuity opening balance 3 353 285 2 607 207 3 353 285 2 607 207 The Public Protector is entitled to a gratuity payable upon vacating the office as stated in the Judges handbook. The Public Protector’s term of office is a fixed term of seven years. Salary related Levies Gratuity Public Total 2012 Provisions provision Protector Opening balance 5 400 710 169 061 2 607 207 8 176 978 Increases / (decrease) in provision 977 424 99 770 746 078 1 823 272 Closing balance 6 378 134 268 831 3 353 285 10 000 250 Salary related Levies Gratuity Public Total 2011 Provisions provision Protector Opening balance 4 493 821 236 979 1 039 621 5 770 421 Increases / (decrease) in provision 906 889 (67 918) 1 567 586 2 406 557 Closing balance 5 400 710 169 061 2 607 207 8 176 978



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19. Trade payables and accruals 2011/12 2010/11 Trade and payables 1 026 411 3 762 630 Building lease payable 4 980 741 10 111 970 Deferred operating leases 767 331 787 220 Service bonus accrual 2 245 957 1 869 762 Gratuity former PP - 411 176 Civil society advocacy programme - 1 200 000 Creditors and other accruals 2 077 037 1 596 651 11 097 477 19 739 409

20. 20.1. Cash and cash equivalents Cash and cash equivalents consist of cash on hand and balances with banks. Cash and cash equivalents included in the cash flow statement comprise the following statement of amounts indicating financial position: 2011/12 2010/11 Cash on hand and balances with banks 7 330 894 298 675 7 330 894 298 675 20.2. Property, plant and equipment During the period, the economic entity acquired property, plant and equipment with an aggregate cost of R1 576 649 which was acquired by means of grants from national government. 20.3. Reconciliationofnetcashflowsfromoperatingactivitiestosurplus/(deficit) Surplus/(Deficit) 9 392 311 ( 12 252 070 ) Depreciation 2 363 200 3 077 805 Amortisation 4 189 914 1 218 350 Increase/(decrease) in payables ( 8 641 932) 4 733 068 Increase/(decrease) in borrowings ( 74 747 ) ( 54 135 ) Increase/(decrease) in provisions relating to employee costs 1 823 272 2 406 557 (Gains)/losses on sale of property, plant and equipment 52 158 49 726 Increase/(decrease) in other current assets 45 690 59 510 Increase/(decrease) in receivables (286 648) ( 22 534 ) Netcashflowsfromoperatingactivities 8863218 (783723)



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Basic

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- 41

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1 215

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76 68

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566

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0 42

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304

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0 -

158 4

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- -

- -

614 4

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Man

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- -

188 6

89

- 23

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- -

681 6

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Actin

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- 22

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- -

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- 56

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0

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l 4 8

98 99

0 41

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7 286

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9 448

1 3

78 87

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1 79

329

11 73

0 709

21.

Key

Man

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Per

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22. Reconciliationofbudgetsurpluswithdeficitfortheyear 2011/12 2010/11 NetdeficitpertheStatementofFinancialPerformance 9392311 (12252070) Adjusted for: Loss/gains on disposal of assets 52 158 49 726 Assets written off - 2 000 Other income - (190 044) Finance income (659 659) (283 942) Finance cost 792 546 716 186 Depreciation and amortisation 6 553 114 4 296 156 Under/Overspent on expenditure (18 274 470) 9 386 988 Budgeted surplus 2 144 000 1 725 000



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23. Financial risk management

23.1 Introduction and overview This note represents information about the exposure to financial risks, the objectives, policies and processes for

measuring and managing financial risk, and the management of capital. Further quantitative disclosures are

included throughout these financial statements.

23.2 Financial risks The Public Protector South Africa has exposure to the following risks from its use of financial instruments:

– Credit risk

– Liquidity risk

– Market risk

The Chief Executive Officer has the overall responsibility for managing and monitoring the financial risks to which the

Public Protector South Africa is vulnerable.

23.2.1 Credit risk Credit risk represents the potential loss to the Public Protector South Africa, as a result of unexpected defaults

or unexpected deterioration in the creditworthiness of counterparties.

The Public Protector’s credit risk is primarily attributable to its receivables. However, this risk is minimal as the

Public Protector’s receivables (excluding amounts held with banks) are limited to advance to employees and

interest receivable.

The carrying amount included in the Statement of Financial Position represents the Public Protector’s

maximum exposure to credit risk in relation to this asset. The Public Protector South Africa does not consider

there to be any significant concentration of credit risk

With regard to credit risk arising from the other financial assets, which comprise cash and cash equivalents,

the Public Protector’s exposure arises from a potential default of the counterparty where credit rating is

constantly monitored, with a maximum exposure to the carrying amount of these instruments. Cash and cash

equivalents are only placed with banking institutions with an AA credit rating.



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23.2.2 Liquidity risk The Public Protector South Africa is exposed to liquidity risk as it is dependent on the transfers and grants

received from the Department of Justice. Timely receipts of transfers and grant amounts are necessary

for the Public Protector South Africa to be able to make payments as and when required in terms of its

financial liabilities.

Due to the nature of its business, the Public Protector South Africa manages liquidity risks by maintaining

adequate cash reserves.

The table below analyses the Public Protector South Africa’s financial liabilities into relevant maturity groupings

based on the remaining period at the Statement of Financial Position to the contractual maturity date. The

amounts disclosed in the table are the contractual undiscounted cash flows.

Spending Trends 2008/9 to 2011/12

Contractual Payable in less Payable in Payable after Total carrying undiscounted liabilities than 3 months 3-12 months 1 year value

R R R R

31 March 2012

Trade and other payables 11 097 477 - 11 097 477

Finance lease liabilities 278 944 836 984 1 115 978

Total contractual liabilities 11 376 421 836 984 - 12 213 455

Contractual Payable in less Payable in Payable after Total carrying undiscounted liabilities than 3 months 3-12 months 1 year value

R R R R

31 March 2011

Trade and other payables 8 495 255 11 244 154 - 19 739 409

Finance lease liabilities 124 728 374 183 1 115 978 1 614 888

Total contractual liabilities 8 619 983 11 618 337 1 115 978 21 354 297



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23.2.3 Market risk

i) Foreign exchange risk The Public Protector South Africa is exposed to limited foreign exchange risk as the Public Protector South Africa

does not have international operations, and the majority of its transactions are performed locally. The Public

Protector South Africa has therefore not implemented any specific risk management strategies related to the

mitigation of this risk.

ii) Cash-flow interest rate risk

The Public Protector South Africa is exposed to cash flow interest rate risk arising from cash on hand at

commercial banks, which earns interest at floating rates based on daily bank deposit rates. The Public

Protector South Africa is also exposed to fair value interest rate risk arising from fixed interest rates in the

finance lease contracts entered into for the acquisition of motor vehicles and photocopiers. The Public

Protector South Africa’s ability to mitigate this risk is limited by the fact that these finance lease contracts are

transversal contracts managed by the National Treasury, and prohibitions contained in the Public Finance

Management Act.

The Public Protector’s exposure to market risk (in the form of interest rates risk) arises as a result of the following:

a) Possible interest on late payment by the Public Protector South Africa.

b) Interest income linked to rates prescribed by the National Treasury

c) Interest on accounts held at banking institutions.

The Public Protector South Africa is mainly exposed to interest rate fluctuations. The Public Protector South

Africa’s financial assets and financial liabilities are managed in such a way that the fluctuations in variable

rates do not have material impact on the surplus/(deficit) as the Public Protector South Africa settles its

outstanding obligations within 30 days and interest on outstanding debts is charged monthly using the

applicable interest rates.

23.2.4 Fair values The Public Protector South Africa’s financial instruments consist mainly of cash and cash equivalents, trade

and other receivables and trade and other payables.

No financial asset was carried at an amount in excess of its fair value. The following methods and assumptions

are used to determine the fair value of each class of financial instruments:



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Cash and cash equivalents The carrying amount of cash and cash equivalents approximates fair value due to the relatively short-term maturity

of these financial assets and financial liabilities.

Trade receivables (cost) The carrying amount of trade receivables approximates fair value due to the relatively short-term maturity of this

financial asset

Trade payables The carrying amount of trade payables approximates fair value due to the relatively short-term maturity of this

financial liability

Change in accounting estimate During the year ended 31 March 2012, the Public Protector South Africa reviewed the useful lives of its assets. As a result the useful

lives were adjusted upward by 2 - 5 years.

Line item Loans and Financial Liabilities Total carrying receivables at amortised cost amount

R R R

31 March 2012

Trade and other receivables 294 747 294 747

Cash and cash equivalent 7 330 895 7 330 895

Trade and other payables 11 097 477 11 097 477

Total 7 625 642 11 097 477 18 723 119

31 March 2011

Trade and other receivables 61 266 61 266

Cash and cash equivalent 298 675 298 675

Trade and other payables 19 739 409 19 739 409

Total 359 941 19 739 409 20 099 350


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25. Commitments 2011/12 2010/11 Contracted services 1 482 769 586 870

Procurement of goods and services 11 160 775 1 395 459

12 643 544 1 982 329

The Public Protector South Africa discloses commitments if it has raised an order for goods and service, but the goods and

services have not yet been delivered.

26. Related party transactions

The Public Protector South Africa considered the African Ombudsman and Mediators Association (AOMA) a related party due to the

fact that the Public Protector South Africa, Advocate T. N. Madonsela, is an Executive Secretary of the AOMA. Furthermore, she

had been delegated with authority to sign off on all the AOMA transactions.

There were no outstanding balances as at 31 March 2012 between AOMA and the Public Protector South Africa.

27. Going concern.

Currently the Public Protector South Africa has an accumulated loss of R5 310 477 (2011: R14 702 788) due to achieving

a surplus of R9 392 311 (2011: R12 252 070) during the financial year.

Although the Public Protector South Africa’s current liabilities exceeds its total assets by R1 182 487, these financial

statements have been prepared on a going concern basis because the Public Protector South Africa exists in terms of

Chapter 9 of the Constitution of South Africa.

28. Fruitless, wasteful and irregular expenditures

2011/12 2010/11 Fruitless, wasteful and irregular expenditures - -


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Irregular expenditure 2011/12 2010/11 Opening balance - 7 301 185

Add: Irregular expenditure current year 27 741

Total - 7 328 926

Less: Amounts condoned - 7 211 969 Administrative expenses 21 081

Staff costs - 15 999

Other operating expenses

Property, plant and equipment - Intangible assets - 7 147 148

Property, plant and equipment - Finance lease - 27 741

- 116 957 Less: Transferred to incidents - 116 957 Balance - -

Incidents -

Procurement process not followed - 248 554

Balance transferred from previous years - 116 957

Add current year incidents -

Administrative expenses - 131 597

Less: Approved by the Accounting Officer - 131 597

Administrative expenses - 131 597

Balance - 116 957


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29. Prior period errors

Increase in Accumulated Depreciation ( 54 813 ) 2009

Increase in Cost Property, plant and equipment 101 690 2009

Increase in Cost Property, plant and equipment 111 239 2010

Increase in Accumulated Depreciation ( 34 266 ) 2010

Increase in Accumulated Depreciation (34 610) 2011

Increase in Cost Property, plant and equipment 5016 2011

Decrease in accumulated surplus (123 849)

This relates to assets recovered and now being accounted for.

(29 593)

30. Contingent liability

The Public Protector South Africa is not aware of any contingent liabilities as at the 31 March 2012.



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ADDRESSES


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