Hon Chairperson, the South African Constitution in section 1, the Bill of Rights, makes provision for the protection of human rights. The protection mechanisms are also called "the state institutions supporting constitutional democracy". Chapter 9 of the Constitution creates seven institutions for protecting people's rights and for making sure that the government does its work properly.
One of the most important of these institutions is the Office of the Public Protector. The Public Protector is, therefore, one of the very cornerstones of our democracy. The Public Protector represents citizens and watches over the activities of government officials to stop them abusing their powers. The Public Protector is an independent official and is accountable to the Constitution.
Public Protector officials must act in a transparent way and must send a report of their activities and findings to Parliament at least once a year. I have been asked many times what the actual function of the Public Protector is.
Allow me now, in a nutshell, to give a brief breakdown of the functions of this office. The Public Protector must investigate complaints about any of the following: poor administration of government, government officials who abuse their powers, improper conduct of public officials, corruption of public funds by public officials and any act or omission by public officials that results in prejudice to a citizen. It must also resolve disputes and refer matters to other agencies, for example the Attorney- General, to prosecute the person who is found guilty of any misconduct.
I have also been asked who can approach the Public Protector. The answer is simple: Any person can make a complaint to the Public Protector. If you want to make a complaint, you must make an oral or written statement stating the following: what the complaint is about, why the Public Protector must investigate the complaint and give other information that might be relevant to the case. The services of the Public Protector are free. One of the biggest problems facing the Public Protector is the lack of public knowledge of this important office. Most of us sitting here know exactly what the Public Protector must do, but the general public have very little information regarding this office. This particular point came out very strongly during our recent interview sessions with all the candidates and they all indicated that they would want to make this office more accessible and better known.
I would now like to discuss the process that the ad hoc committee on the appointment of the new Public Protector went through. Firstly, allow me to thank the committee for ensuring that the process was free, fair and transparent at all times. I would also like to thank my colleagues on the committee for ensuring a professional yet congenial atmosphere during the entire process.
What can be at times a very tedious and time-consuming process was kept interesting and enjoyable by ensuring that questioning was both vibrant and relevant. Much of the success of this committee is thanks to the committee chairperson, the hon Mike Masutha, whom I thanked in the committee but would once again like to thank in this House.
I am thrilled that the recommended candidate's name, Ms Thulisile Madonsela, comes to this House for acceptance backed by the unanimous support of the ad hoc committee. I can inform this House that the atmosphere in the committee was quite festive when we realised that, regardless of party affiliation, all parties represented were in favour of the same candidate.
Allow me to express the contentment of the DA regarding the name of the suggested appointee, Ms Thulisile Madonsela. She has displayed a sense of fairness and justice, the ability to remain calm in a difficult situation. She has shown outstanding knowledge of the law and, most importantly, she is not affiliated to any political party.
We trust that she will be a breath of fresh air for this office, bringing her expertise and strength of character to this office. We trust that she will make the Office of the Public Protector an office for all the people of South Africa by making it acceptable to all the people of South Africa. A tough task lies ahead of our new Public Protector as much will be expected from this new appointee.
The DA expects the following: complete transparency and accountability, that the new appointee adhere strictly to the separation of powers, total lack of influence from any political party, strength of conviction to investigate any government official against whom a complaint is brought, and that the new appointee act only in the best interests of South Africa and the people of South Africa.
On behalf of the DA we wish the new Public Protector all the best with the work that lies ahead. We trust that we will not be disappointed by the appointee and we look forward to a free and fair and transparent Public Protector who will assist with the safeguarding of our Constitution. One nation, one future, one Public Protector! I thank you. [Applause.]
Chairperson, Ministers, Deputy Ministers, Members of Parliament, Cope stands in support of the appointment of Thulisile Nomkhosi Madonsela in the position of Public Protector. The Public Protector is one of six Chapter 9 state institutions supporting constitutional democracy.
It is therefore our view that the appointment of the Public Protector be taken very seriously and more especially by the members of Cope because we are the only party that stands here to defend democracy and the Constitution. [Laughter.]
The person who is to be appointed Public Protector must be a person of very good credentials, with integrity and high moral values. This person must investigate any conduct in state affairs or in the public administration that is in section 182(1)(a) of the Constitution, therefore, independence, accessibility to all persons and honesty are the critical ingredients. This ad hoc committee, under the capable leadership of Adv Masutha, performed this task in a manner which was credible, transparent and open. All candidates were interviewed in a cordial and friendly atmosphere. Even the discussions on deciding on the candidates were frank and honest, though I must say there was not much discussion because all parties agreed on one name. Even those who did not succeed, were very good candidates. In fact, as a South African, I felt proud to know that we have such high-calibre people in our country. It is just that we wanted one person.
I wish to thank everyone we worked with and I can say with confidence, Comrade Chairperson, that this appointment is an appointment of Parliament not of the ruling party. Thank you. [Time expired.] [Applause.]
Sihlalo, bengicela ungikhuzele labo ababanga umsindo. [Chairperson, will you ask those who are making a noise to keep quiet, please.]
It is said that you on the left side of the House are making a noise.
Sihlalo, neNdlu yakho ehloniphekile, ngize lapha ukuzosekela igama Lomvikeli Womphakathi uNkosazana Thulisile Nomkhosi Madonsela. Yigama leli elivunywe yiwo wonke amaqembu ngokufanayo esingazange sibange nokubanga kukona.
Kuyaqala ukuthi sibonge kuwena Sihlalo, njengoSihlalo waleli komiti ukuthi uwenze kahle umsebenzi, futhi waziphatha kahle. Sengathi ungakhula - ukhule uzukhokhobe. Kuthi nalabo abakusizayo... [Ihlombe.] ... kahleni ukukhwahla kahleni ukukhwahla, nizongiqedela isikhathi. Kuthi nalabo abakusizayo bakusize njalo ukuze ikusasa lethu likwazi ukuqhakaza ngoba usemncane.
Ukuze nale Ndlu ikwazi ukuhlonipheka kusasa, sithi uma senza into yezwe singaphikisani size siyolala khona kodwa sazi ukuthi sisebenzela izwe sisheshe sivumelane entweni ehlakaniphile. Ngiyathokoza kakhulu. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[Mr V B NDLOVU: Chairperson, and this august House, I am here to support the nomination of Ms Thulisile Nomkhosi Madonsela as the new Public Protector. This nomination was supported by all the parties without any objections.
Chairperson, it is the first time that we thank you as the chairperson of this committee for doing your job well and for behaving yourself. May you grow and live long. And to those who are assisting you ... [Applause.] Do not applaud yet, for you will take up my time. And to those who are assisting you, may they always do it so that our future can be bright since you are still young.
That would enable this House to be respected in future. When we serve the country, we should not argue until the cows come home, but we should know that we are serving our country and we need to agree quickly on any sensible issue. Thank you very much. [Applause.]]
Chairperson, the ACDP supports the recommendation that Ms Madonsela be appointed as Public Protector. The Public Protector is mandated to investigate any improper government conduct, including maladministration, dishonest acts and unlawful enrichment. Its independence and impartiality are guaranteed by the Constitution.
Understandably, therefore, the office has an enormous workload, but was beset by internal problems highlighted by an ad hoc parliamentary committee into the issue in 2006. Its challenges were further ventilated by an Ad Hoc Committee on Review of Chapter 9 and Associated Institutions, such as the increased backlog of cases, a problematic data system and a lack of co- operation from departments following complaints.
In recommending a new Public Protector, we as Parliament will have to take a far greater role in interacting with and addressing shortcomings highlighted in the ad hoc committee. We cannot, however, infringe on its independence.
It is noteworthy that its budget allocations will have more than doubled between the 2003-04 and 2009-10 financial years. We need to ensure that the public is receiving value for its money. I thank you.
Chairperson, colleagues, I would like to thank colleagues, especially members of the adhoc committee, first of all for expressing confidence in me by entrusting me with the responsibility to lead this project and in particular for the compliments that I have been showered with today. [Laughter.]
It is a bit unusual for the opposition to be unanimous in supporting a ruling party chairperson. I can assure you that yes, the opposition was unanimous in supporting this name but so was the ANC. I can assure you that the ruling party was supportive of this process throughout and was happy with the outcome, just as the opposition is.
Chapter 9 of the Constitution provides for the establishment of the governing principles for state institutions to strengthen constitutional democracy in the Republic, commonly known as Chapter 9 institutions. Among these is the Public Protector, which is the subject of this discussion.
The Constitution proceeds in section 181(2) to (5) to outline the general principles governing these institutions as follows: (2) These institutions are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.
(3) Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions.
(4) No person or organ of state may interfere with the functioning of these institutions.
(5) These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.
Now, section 182(1)(a) outlines the specific mandate of the Public Protector as being -
(a) to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice;
(b) to report on that conduct; and (c) to take appropriate remedial action.
Let me say that one of the critical aspects that we looked at when interviewing the candidates was to evaluate their understanding, especially of this mandate, because we believe that it is one of the critical institutions in the public sector that is essential as a tool to facilitate access to service delivery and to ensure accountability of government institutions.
The institution of Public Protector, we were of the view as a committee, is one of the pillars of our Constitution precisely because it is there to facilitate interaction between ordinary people and the state and to instil in ordinary people confidence in the state.
In addition, the Constitution bars the Public Protector from interfering with court judgments and, finally, requires the Public Protector to be accessible to the public and for its reports to be public unless special circumstances, prescribed by law, allow for such reports to be issued in confidence.
Now, Parliament on 24 April this year issued an invitation to the public in the national media with a deadline of 8 May this year, for nominations for the filling of the vacancy of Public Protector, which becomes due on 15 October this year.
Subsequent to that, however, the committee was of the view that it is necessary to extend these deadlines in view of the circumstances when the initial invitation was issued, namely the fact that it was soon after elections. We were concerned that given the large number of candidates who did not meet the basic requirements of the Act it may well have to do with the fact that most people were still focused on elections and were not aware of this invitation coming out.
The result of our second invitation was that an additional number of approximately 18 candidates came forward and 15 of them, in our view, qualified for possible appointment. And I must commend the credentials of Ms Thuli Madonsela who, as my colleagues from the opposition confirmed, was head and shoulders above the rest and was an obvious appointment for the committee.
I wish her well in her new appointment in the event that the President confirms the recommendation of this House for her appointment. The ANC supports her appointment. I thank you. [Applause.]
Debate concluded.
Order! I now put the question. The question before the House is that the recommendation for the appointment of Ms T N Madonsela as the Public Protector be approved. Are there any objections to the nomination?
HON MEMBERS: No!
Order! Hon members, in terms of section 193 (5)(b)(i) of the Constitution, the person nominated for appointment as Public Protector must be approved by at least 60% of members of the Assembly. Although a division has not been demanded members are required to record their support for the motion.
AYES - 268: Abram, S; Adams, L H; Adams, P E; Ainslie, A R; Baloyi , M R; Bam-Mugwanya, V; Bhengu , N R; Bhengu, P; Bikani, F C; Blaai, B C; Boinamo, G G; Bonhomme, T J; Booi, M S; Borman, G M; Bosman , L L; Botha, T; Botha, Y R; Chabane, O C; Chikunga, L S; Chiloane, T D; Coetzee, T W; Coleman, E M; Cronin, J P; Cwele, S C; Dambuza, B N; Davidson, I O; Davies, R H; De Freitas, M S F; De Lange, J H; Dhlamini, B W; Diale, L N; Dikgacwi, M M; Dlamini, B O; Dlodlo, A; Dlulane , B N; Doidge, G Q M; Dreyer, A M; Du Toit, N D; Dubazana, Z S; Dube, M C; Dudley, C; Duncan, P C; Dunjwa, M L; Ellis, M J; Farisani, T S; Farrow, S B; Figlan, A M; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gelderblom, J P; George, D T; Gigaba, K M N; Gina, N; Gololo , C L; Goqwana, M B; Gumede, D M; Gxowa, N B; Hajaig, F; Hanekom , D A; Hangana, N E; Huang, S-B; James, W G; Jeffery, J H; Jordan, Z P; Kalyan, S V; Kekane, C D; Kenye, T E; Kganare, D A; Khoarai, L P; Kholwane, S E; Khumalo, F E; Kilian, J D; Kloppers- Lourens, J C; Kohler-Barnard, D; Komphela, B M; Koornhof, G W; Koornhof, N J J v R; Kopane, S P; Kota-Fredericks, Z A; Kotsi, C M; Kubayi, M T; Lamoela, H; Landers, L T; Lebenya- Ntanzi, S P; Lee, T D; Lekgetho , G; Lishivha, T E; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Luthuli, A N; Luyenge, Z; Maake, J J; Mabaso, X; Mabedla, N R; MacKenzie, G D; Madasa, Z L; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi , M N; Magwanishe, G ; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, M C; Mandela, Z M D; Mangena, M S; Marais, E J; Marais, S J F; Martins, B A D; Masango, S J; Mashiane, L M; Mashigo, R J; Mashishi, A C; Masutha, T M; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maynier, D J; Mbili, M E; Mdaka, M N; Mdakane, M R; Mentor, M P; Mfeketo, N C; Mgabadeli, H C; Michael, N W A; Mjobo, L N; Mkhize, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnguni, P B; Mnisi, N A; Mokgalapa, S; Molebatsi, M A; Molewa, B E E; More, E; Morgan, G R; Morutoa, M R; Moss, L N; Motau, S C; Motshekga, M S; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mubu, K S; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabeni , S T; Ndlovu, V B; Ndude, H N; Nel, A C; Nelson, W J; Ngcengwane, N D; Ngcobo, B T; Ngele, N J; Ngonyama , L S; Ngwenya- Mabila, P C; Nhanha, M A; Nhlengethwa , D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntuli, Z C; Nxumalo, M D ; Nyalungu, R E; Nyama, M M A; Nyanda, M F; Nyekemba, E; Oliphant, M N; Oosthuizen, G C; Oriani-Ambrosini, M G; Padayachie, R L; Peters, E D; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pillay, S M; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Radebe, B A; Radebe, G S; Ramodibe, D M; Rantsolase, M A; Robinson, D; Rwexana, S P; Saal, G; Scheemann, G D; Sefularo, M; Segale- Diswai, M J; Selau, G J; Selfe, J; Sexwale, T M G; Shabangu, S; Shiceka, S; Shilowa, M S; Sibanyoni, J B; Sibhidla, N N ; SIngh, N; Sithole, S C N; Sizani, P S; Skosana, M B; Smiles, D C; Smith, V G; Smuts, M; Snell, G T; Sogoni, E M; Sosibo, J E; Steele, M H; Steyn, A; Steyn, A C; Suka , L; Sulliman, E M; Sunduza, T B; Surty, M E; Swart , M; Swart, S N; Swathe, M M; Terblanche, J F; Thabethe, E ; Thobejane, S G; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Twala, N M; Vadi, I; Van Der Berg, N J; Van der Linde, J J; Van der Walt, D; Van der Westhuizen, A P; van Rooyen, D D; Van Schalkwyk, H C; Van Schalkwyk, M C J; van Wyk, A; Vukuza-Linda, N Y; Waters, M; Wenger, M; Williams, A J; Xaba, P P; Xasa, T; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
Question agreed to.
Nomination of Ms T N Madonsela for appointment as Public Protector accordingly agreed to, in accordance with section 193(5)(b)(i) of the Constitution.