Chairperson, the referral of the Public Protector's report on the IEC's headquarters has exposed critical weaknesses in the relationship between the Public Protector and other Chapter 9 institutions, as well as the relationship between the Public Protector and Parliament.

In her report, the Public Protector specified remedial action which ought to be taken, including effectively ordering the Speaker to meet with Independent Electoral Commission to the exclusion of its chairperson and that they should advise the President of the appropriate action to take.

In a letter to the Speaker dated 28 August 2013, Adv Madonsela asked that the Speaker refer the Chairperson of the Independent Electoral Commission to the Electoral Court - arising from the submissions the chairperson of the IEC had made to the media.

In a letter dated 2 October 2013, the Public Protector said that the report should be referred to the Electoral Court, stating "the court would perhaps come to a different conclusion from mine". These directives and requests were unlawful and unconstitutional. What is urgently required is legislation or an amendment to the rules that regulates the way that reports of the Public Protector are dealt with by the National Assembly.

As legal opinion requested by the ad hoc committee puts it:

In order to be of assistance to the Public Protector in respect of similar incidents in future, and acting in terms of section 181(3) of the Constitution, the National Assembly may consider a legislative intervention to address the legal challenge that became evident in the instant case.

While we support the report, we make the appeal that we make it possible for Parliament to deal effectively with reports of the Public Protector. I thank you. [Applause.]