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.