In recent years the office of the Public Protector has received enormous publicity in the media in comparison to other ‘chapter-nine’ institutions. The core function of chapter nine institutions is to strengthen constitutional democracy in our country. These institutions include the Public Protector, The South African Human Rights Commission, The Commission for the promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, The Commission for Gender Equality, The Auditor-General and The Electoral Commission. For the purpose of this discussion, we will focus only on the functions of the Public Protector.
In terms of the Constitution of South Africa and the Public Protector Act of 1994, the Public Protector may investigate the following matters: alleged maladministration in government departments, improper conduct by a person performing a public function, an improper act in respect to public money, unlawful or improper enrichment of a government official or person performing public function as well as an act or omission by an individual performing public function that result in improper prejudice to another person. However, a Public Protector is not authorized to investigate court decisions or any functions of the courts.
Should a member of a community suspect that the above mention corrupt actions have taken place, he or she may approach the office of the Public Protector to investigate the matter. One may submit an affidavit to the Public Protector laying out the complaint. Oral submission is also permitted. Upon receipt of the said complaint, the office of the Public Protector will render the necessary assistance, at no fee to the complainant.
The Public Protector may direct the complaint to exhaust other available legal remedies before his or her office may be approached for assistance. If all the other legal remedies have been exhausted, it will be up to the Public Protector to investigate the matter.
During the Public Protector’s investigation, he or she has the right to direct any person to submit an affidavit or to appear before him or her to give evidence or to produce any document in their possession. She may even call witnesses to testify under oath.
Once investigations have been concluded, the Public Protector will furnish a report therein she will lay out his or her findings, views or recommendation in respect of a matter investigated by her office. And such a report is open to the general public unless there are exceptional circumstances that require the report to be kept confidential.
In addition, the Public Protector may provide a resolution, in a disputed matter, by means of mediation, negotiation, advising, recommending appropriate remedies and other resolute means that may expedite the process.
The office of Public Protector is an instrument with which members of the community can use to realize the promise of democracy, eloquently laid out in the Constitution. It is there to assist citizens to hold those in power accountable for their improper conduct. Every member of society has access to this office free of charge.
Reference list:Constitution of the Republic of South Africa, 1996
Public Protector Act 23 of 1996
https://www.brandsouthafrica.com/people-ulture/democracy/south-africa-s-public-protectorProf SS Nel, Adv M Jansen and Prof T Deane “Media Law” only study guide LCR4803 UNISA