Presentation to the Portfolio Committee on Justice and Constitutional Development Adv Lawrence Mushwana Public Protector of the Republic of South Africa 04 August 2009

Contents 2 1. Over of the OPP 2. Appointment of the Public Protector 3. Hand over plans 3.1 Written Report 3.1.1 The status report of the OPP as in 2002 3.1.2 Interpretation of the constitutional mandate 3.1.3 Strategic management from 2002 to 2009. 3.1.4 Organisational structure 2

Contents 3 3.1.5 Financial management and accounting 3.1.6 International profile 3.1.7 Summary of all special and formal reports. 4. Challenges 5. Lessons 6. How the Committee can provide support to OPP Priority issues to deal with 3

2. Overview Of The Office Of The Public Protector 2.1 OPP was instituted by the provisions of the interim Constitution of 1993. 2.2 1st Public Protector, Adv S A M Baqwa took office on 1 October 1995. 2.3 2nd Public Protector – Adv M L Mushwana appointed 23 October 2002. 2.4 Term of 2nd Public Protector ends 23 October 2009 4

Appointment Of The Public Protector 2.5 President appoints the Public Protector on the recommendation of the National Assembly by supporting vote of at least 60% 2.6 Amendments to the Public Protector Act provided for the appointment of a Deputy Public Protector 2.7 Adv M T Shai appointed Deputy Public Protector for a renewable term of seven years on 01 December 2005. 5

3. Hand Over Plans 3.2 Hand over-integrated method comprising 3.1 Term ends October 2009 3.2 Hand over-integrated method comprising 3.2.1 Detailed written report (Copy will be given to Speaker), and 3.2.2 Verbal handover (relay race type) including DVD 6

4. Written Report 4.1 Covers the following areas in detail: 4.2 The status report of the OPP as in 2002 4.3 Achievements and challenges interpreting & fulfilling the constitutional mandate Investigations Reporting Accessibility Relationship with Stakeholders 7

4. Written Report 4.3.1 Investigations; 4.3.2 Reporting and taking appropriate remedial action; 4.3.3 Accessibility (Provincial offices and Outreach programmes 4.3.4 Relationship with Stakeholders 8

4. Written Report 9 4.4 Strategic management of OPP from 2002 to 2009 4.4.1 Strategic management process in the OPP; 4.4.2 Achievements for the past seven(7) years; 4.4.3 Strategic objectives developed in the current 3-year Strategic plan (01 April 2009-31 March 2012) 9

4. Written Report 4.5 Organisational structure 4.5.1 How each business unit has developed during the past seven years 4.5.2 Including the achievements, successes and challenges and; 4.5.3 Current projects; 10

4. Written Report 4.6 Financial management and accounting 4.6.1 OPP budget for the past seven years; 4.6.2 Auditor General’s findings and reports during the period. 4.6.2 Corporate governance arrangements (Audit Committee, Internal Audit, Risk Management) 11

4. Written Report 4.7 International Profile 4.7.1 International Ombudsman Institute (IOI). 4.7.2 African Ombudsman and Mediators Association (AOMA) activities. 4.7.3 African Ombudsman Research Centre (AORC) 12

4. Written Report 4.8 Report of all Provincial and Regional offices 4.9 Summary of all special and formal reports 4.9.1 conclude with a brief summary of all special and formal reports issued 13

5. VERBAL REPORT 5.1. Purpose of verbal report: 5.1.1 Discuss the report and share some tips and strategies. 5.2 Will include interview on DVD 14

6.1 Deputy Public Protector 6.2 Chief Executive Officer 6. Other Internal OPP Structures that will ensure retention of Institutional memory 6.1 Deputy Public Protector 6.2 Chief Executive Officer 6.3 Governance structures 6.3.1 EXCO (PP, DPP & CEO) 6.3.1 MANCO (PP, DPP, CEO & all Managers 6.3.3 Think Tank 15

6. Other Internal OPP Structures that will ensure retention of Institutional Memory 6.4 Knowledge Management 6.4.1 Purpose is to ensure that organizational memory, research and knowledge products are institutionalized. 16

7. CHALLENGES 7.1 Allocation of budget to OPP through Dept of Justice 7.2 Budgetary constraints 7.2.1 Inability to fill critical posts due to limited funding 7.2.2 Funding for Enterprise Resource Planning (seamless integrated solution on the following: Finance and Controlling, Payroll Human Resource Management – including Automated Leave Application System Material and Purchasing Management – (Supply Chain Management) 17

7. CHALLENGES 7.3 Conditions of appointment of Public Protector and Deputy Public Protector 7.4 Implementation of the Occupation Specific Dispensation (OSD) for legally qualified personnel 7.5 Threats to the independence of the Public Protector 7.6 Retention of skilled staff 18

7. CHALLENGES 7.7 Interaction with Parliament 7.8 Being accessible to all citizens (Project 44 million) 4.9 Foreign relations 19

8. LESSONS LEARNT 8.1 Skills of managing a national institution such as the OPP; 8.2 Dealing with complaints against senior government official such as the President and Cabinet Ministers; 8.3 The importance of collaboration with other Chapter 9 institutions and other similar institution 20

8. LESSONS LEARNT 8.4 The impact of poverty and illiteracy on the South African population 21

9. HOW THE COMMITTEE CAN PROVIDE SUPPORT 9.1 Frequent interaction with Parliament 9.2 Timeous intervention in appropriate matters as well as on suggestions and discussions on improving the institutional performance. 22

10. PRIORITY ISSUES TO DEAL WITH 10.1 Appointment of 3rd Public Protector 10.2 Salary of Deputy Public Protector  10.3 Additional funding 23

Thank You!