Public Protector’s Presentation to the Portfolio Committee on Justice and Constitutional Development: Strategic Plan and Budget Wednesday, 13 April, 2011

Scope of Presentation Introduction The Makhadzi & Public Protector Constitutional Mandate Vision and Mission Core Principles and Values Service Promise Achievements and Lessons Learned Strategic Objectives Strategic Planning Framework Budget Remuneration and Terms and Conditions of the Deputy Public Protector Request to Parliament Conclusion and Appreciation

Introduction Lessons learned from the period under review informed the new Strategic Plan The review of the Strategic Plan resolved to retain the current vision, mission, Core Values and Principles The strategic thrust also remains unchanged with key changes highlighted under each one For your interest, we have special reports on some of our activities (PPGGW, People's Voices & Views, In Search of Remedial Action) and the AORC report will also be available soon

Strategy Review A product of rigorous implementation of Public Protector Vision 2020 and Strategic Plan adopted in March 2010 following a thorough mandate analysis and stakeholder consultations Re-examining Public Protector Vision 2020 & Strategic Plan Commemoration and reflection on 15 years of Public Protector existence and operations Reflections on lessons learned in the past 12 months and an ongoing strategic conversation Culmination of review session by all PPSA Senior Management followed by deliberations and adoption by Executive Committee

Strategy Review (cont) Decision to retain the broad strategic thrust and our commitment to reconciling the state with citizens The two pronged approach of righting each specific administrative wrong or improper conduct of the state while ensuring remedial action where appropriate and implementing measures to diagnose and remedy systemic administrative inadequacies with a view to entrenching good governance by assisting the state to transform itself so that it consistently gets things right the first time. Promoting good governance includes ensuring that where mistakes are made, internal complaints mechanisms remedy the situation promptly and responsively

The Makhadzi & The Public Protector In our cover page we use the symbol of the Makhadzi to draw parallels between the role of the Public Protector and some of our time tested traditions In Tshivenda, the Makhadzi regularly acts as a buffer between the traditional leader and the people She is the ears and eyes of the traditional leader while at the same time giving the people a voice A wise ruler does not disregard the counsel of a Makhadzi, those who do so risk walking alone.

The Makhadzi & The Public Protector The Public Protector has potential of providing access to justice in a similar manner that resonates with the non-adversarial ethos that underpins the way of life of the average South African particularly traditional communities The services of a Public Protector are free and ordinary people do not have to approach courts for relief at a cost An average person is bound to loose in a David v Goliath engagement with the state as the state has all the time and resources on its side Public Protector’s potential for access to justice for the ordinary person who feels aggrieved by the state is particularly critical under the current economic meltdown where people need to conserve their limited resources

Constitutional Mandate (Retained and still relevant for the next 10 years) Section of the Constitution mandates the Public Protector 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; Report on that conduct; Take appropriate remedial action; Be accessible to all persons and communities.

Strategic Planning Framework Accountability, Intergrity and Responsiveness Vision Mission Core Values and Principles Corporate Culture Accessibility and trustworthiness (quality, quantity, reach and penetration Responsiveness to all complainants through exacting accountability and prompt remedial action Promotion good governance through systemic transformation Efficient and effective business support systems and operations Optimal performance and service focused culture with committed people Mandate Infrastructure Support and Systems Facilities PROGRAMMES Core Operations Strategic Direction and Executive Support Corporate Support Strategic Direction Institutional Foundations

(Retained and still relevant for the next 10 years) 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. Vision

Mission (Retained and still relevant) 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.

Core Principles and Values Anchored in the supremacy of the Constitution and rule of law, all operations and communications are informed by the following values: Independence and Impartiality Human Dignity Equality; Ubuntu; Redress; Accountability;

Core Principles and Values (cont.) Integrity; Responsiveness; Transparency; and Justice and Fairness In addition to the core values, the work of the Public Protector and its interaction with the public and the state is anchored in the core principles of Accountability, Integrity and Responsiveness (AIR)

Service Promise The following are three organizational promises: 1)Be trusted by and accessible to all persons and communities; 2)Provide Prompt Remedial Action; 3)Promote good governance in the conduct of all state affairs These constitute the first three strategic objectives of the Public Protector and are supported by the following corporate strategic objectives. 4)An efficient and effective organization; and 5)Optimal performance and service focused culture.

Accessibility and Trust: Achievements 20 walk in offices across the country The toll free line Strengthened outreach, education and communication activities The launch of the Public Protector Good Governance Week Leveraging relations with stakeholders such as NGOs, CDWs, traditional authorities & government Mobile Office of the Public Protector (MOPP)

Accessibility: Lessons learned Public Protector must be accessible to all persons and communities through: Implementation of Communication and Outreach Strategy to address different markets or stakeholders segments Availability and usability of information and services Reachable irrespective of geographical location and language Quality, quantity and penetration of the service Establishment of a fully fleshed call center Harness stakeholder relationships, e.g., strategic partnerships with institutions such as the Post Office and schools Social media and bulk SMS targeted at the youth

Prompt Remedial Action: Achievements Intake, Assessment & Customer Service Component established Early Resolution unit fully functional and cascaded to provinces Over complaints were processed and about 40 resulted in reports The rest expeditiously resolved through ADR settlements and other less formal measures. Combination of prompt resolution with systemic interventions

Prompt remedial action: Lessons learned Inadequate co-operation by organs of state during investigations Lack of a dedicated institutional capability for monitoring and implementation within a prescribed time frame Inadequate responsiveness from organs of state Finalisation of rules to mitigate compliance problems including identifying timelines, clarifying subpoena powers, search and seizure and issuing contempt of the Public Protector orders Inadequate investigation capacity Need to improve case management

Investigations: Achievements Prompt resolution and remedial action in bread and butter matters through capacity building and specialization Establishment of units focused on: Intake Assessment and Customer Service Good Governance and Integrity Reduction in turnaround times Reduction in number of cases older than a year

Investigations: Lessons learned Capacity enhancement with forensic skills and investigations skills and PAJA Guidelines to standardize approach to investigations, ADR and remedial action Re-skilling, benchmarking and team work to be strengthened Strategy alignment process already underway Collaboration with national and international counter parts, for example, MOUs with UK and Hashemite Kingdom of Jordan Sustainable transformation of the state to ensure: -good governance and responsive service delivery Systemic investigation and other interventions targeting structural changes in organs of state Annual good governance week remains premier project

Strategic Objectives 5 Strategic Objectives, backed by 2 Strategic actions 1)Accessible to and trusted by all persons and communities 2)Prompt remedial action 3)Promotion of good governance in the conduct of all state affairs 4)An efficient and effective organization 5)Optimal performance and service focused culture

What really has changed Accessible to and trusted by all persons and communities 1. Establishment of a real call centre. 2. Develop and implement framework on accessibility. Prompt remedial action 1. Establishment of a compliance unit. 2. Implementing of the Rules. 3. Establishment of guidelines on remedial action. Promotion of good governance in the conduct of all state affairs 1. Guidelines on investigations.

What really has changed An efficient and effective organization 1. Creation of quality assurance unit. 2. Creation of compliance unit. Optimal performance and service focused culture 1. Establishment of Good Governance Committee. 2. Training on specific needs of our investigators. 3. Benchmark with the best international practice.

OVERVIEW OF STRATEGIC PLAN

Total MTEF Allocation

Graphic Representation – Total MTEF Allocation

Total Budget Allocation 2011/12

Graphic Representation – Total Budget

Budget Allocation per Person in SA

Budget Allocation per Case

Budget per strategic objectives

Graphic Representation – Budget per strategic objectives

Budget per Programmes

Graphical Representation - Budget per Programmes

Public Protector Provincial Representation

Graphic Representation: Public Protector Provincial Representation

Request to Parliament Plea for more resources, Public Protector South Africa continues to grapple with inadequate human and financial resources Particularly in relation to the investigation capacity and to make good on the constitutional injunction of accessibility The challenge of inadequate capacity has negatively impacted prompt and quality investigations, for example, early resolution targets have been difficult to reach It has not been possible to complete any Executive Members’ Ethics Act investigation within the 30 stipulated days Plea for continued support in the area of remedial action

DPP’s Remuneration and Conditions of Service Adv Mamiki Shai was appointed on 01 December 2005 as The Deputy Public Protector (DPP) for a period of seven years and the conditions of employment that were determined by the National Assembly placed at Chief Director (Level 14) in the Public Service In March 2007 the former Public Protector revised the DPP’s salary to be in line with the then appointed Senior Managers in PPSA thus avoiding the anomaly of Senior Managers earning more than the DPP In 2007 a CEO was appointed at DDG level (level 15 in the Public Service)

DPP’s Remuneration and Conditions of Service A letter was sent by the present Public Protector to the Speaker of the National Assembly requesting that an Ad Hoc Committee be constituted by Parliament in terms of Public Protector Act with the view to urgently: Review the determination of the remuneration and other terms and conditions of the DPP dated 4 August 2005 Consider aligning the conditions of the DPP with the conditions of service and service benefits of the Public Protector with a provision that such remuneration shall not be less than of a judge of the High Court directly below the grade and salary level applicable to the Public Protector

DPP’s Remuneration and Conditions of Service Consider such measures it may deem fit, including the possibility of a recommendation on past service benefits that might be owed to her Address the past discrepancies in the conditions of service and service benefits which might have caused financial prejudice to the current DPP

Conclusion and Appreciation From Parliament we request: Resources primarily in the areas of accessibility and Investigations The Committee to endorse organisational structure approved by Parliament as the Strategic Plan was based on it. The Committee to request National Treasury to find ways to fund PPSA in the next financial year. That Parliament should continue to play a more visible role with regard to monitoring state compliance and encourage respect for the Constitution status support of the Public Protector and the rule of law

Appreciation and Conclusion I would like to convey my sincere gratitude to the following important stakeholders for their unwavering support: Parliament The people of South Africa Organs of State for complying with investigations and remedial action Media Fellow Oversight Agencies

Going forward The Public Protector South Africa will focus on: intensifying strategy alignment process adherence to good quality and good time in case handling Lasting impact on good governance, the rule of law and human rights Underpinning the overall vision and strategy Maintaining the promises to the people of South Africa

Thank You