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Presentation to the CDW cluster by Mr Themba Mthethwa, CEO in the Office of the Public Protector

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Public Protector s Presentation to the Portfolio Committee on Justice and Constitutional Development: Strategic Plan and Budget 2011-2014 Wednesday, 13 April, 2011 – PowerPoint PPT presentation

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Title: Presentation to the CDW cluster by Mr Themba Mthethwa, CEO in the Office of the Public Protector


1
Public Protectors Presentation to the Portfolio
Committee on Justice and Constitutional
Development Strategic Plan and Budget
2011-2014 Wednesday, 13 April, 2011
2
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

3
Introduction
  • Lessons learned from the period under review
    informed the new Strategic Plan
  • The review of the 2010-2013 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

4
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 2010-13
  • 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

5
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

6
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.

7
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 Protectors 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

8
Constitutional Mandate
  • (Retained and still relevant for the next 10
    years)
  • Section 181- 182 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.

9

Strategic Planning Framework
Strategic Direction
PROGRAMMES Core Operations Strategic Direction
and Executive Support Corporate Support
Institutional Foundations
Institutional Foundations
10
Vision
  • (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.

11
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.

12
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

13
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)

14
Service Promise
  • The following are three organizational promises
  • Be trusted by and accessible to all persons and
    communities
  • Provide Prompt Remedial Action
  • 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.
  • An efficient and effective organization and
  • Optimal performance and service focused culture.

15
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)

16
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

17
Prompt Remedial Action Achievements
  • Intake, Assessment Customer Service Component
    established
  • Early Resolution unit fully functional and
    cascaded to provinces
  • Over 15 000 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

18
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

19
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

20
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

21
Strategic Objectives
  • 5 Strategic Objectives, backed by 2 Strategic
    actions
  • Accessible to and trusted by all persons and
    communities
  • 2) Prompt remedial action
  • Promotion of good governance in the conduct of
    all state affairs
  • An efficient and effective organization
  • Optimal performance and service focused culture

22
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.

23
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.

24
OVERVIEW OF STRATEGIC PLAN
25
(No Transcript)
26
Total MTEF Allocation
27
Graphic Representation Total MTEF Allocation
28
Total Budget Allocation 2011/12
29
Graphic Representation Total Budget
30
Budget Allocation per Person in SA
31
Budget Allocation per Case
32
Budget per strategic objectives
33
Graphic Representation Budget per strategic
objectives
34
Budget per Programmes
35
Graphical Representation - Budget per Programmes
36
Public Protector Provincial Representation
37
Graphic Representation Public Protector
Provincial Representation
38
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

39
DPPs 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 DPPs 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)

40
DPPs 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

41
DPPs 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

42
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 2010-2013 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

43
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

44
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

45
Thank You
  • 0800 11 20 40
  • www.publicprotector.org

46
(No Transcript)
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