PUBLIC PROTECTOR’S PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES:

STRATEGIC PLAN AND BUDGET 4 July 2014

Presented byPublic Protector Adv. Thuli Madonsela

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Overview of Presentation1. Introductory Remarks2. Constitutional Mandate3. Additional Key Statutory Mandate Areas4. Higher Purpose and Strategic Objectives5. Synergies with Government Priorities6. A national partnership against maladministration and corruption7. Complaints trends8. Past year at a glance (unaudited)9. Optimisation of limited resources10. Key Targets for 2014/1511. Budget Allocation 2014/1512. Emerging trends and risks13. Closing Remarks

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Opening quote

“ The Constitution upon which the nation is founded is a grave solemn promise to all its citizens. It includes a promise of representative and accountable government functioning within the framework of pockets of independence that are provided by various independent institutions. One of those independent institutions is the office of the Public Protector. The office of the Public Protector is an important institution. It provides what will often be a last defence against bureaucratic oppression, and against corruption and malfeasance in public office that is capable of insidiously destroying the nation. If that institution falters, or finds itself undermined, the nation loses an indispensable constitutional guarantee.” NUGENT JA

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1. Introductory Remarks• Congratulations to Chairperson and Committee Members for

the trust placed on you by the people and your peers

• Public Protector Strategic Plan and Vision2020 remains the

roadmap for our complementary oversight work as the Public

Protector SA in Partnership with Parliament, other organs of

state and the people in strengthening constitutional

democracy through preventing and combatting

maladministration in all its forms from indifference to

corruption4

1. Introductory Remarks (cont.)• In unwavering pursuit of Constitutional mandate, energised

by the National Development Plan, which places emphasis on good governance as a precondition for the attainment of its vision and goals, the slightly adjusted Strategy of the Public Protector SA seeks to:

• Balance universal accessibility (in compliance with section 182(4) of the Constitution), with effective service delivery and use of limited resources and being effective in ensuring justice for administrative wrongs while acting as a catalyst in the transformation of public administration and governance

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2. Constitutional MandateThe Public Protector is an independent Constitutional institution whose mandate, derived from Section 182 of the Constitution read with Section 181, is to support and strengthen constitutional democracy by investigating and redressing maladministration or improper conduct in state affairs. Section 182 of the Constitution states that:

“(1) The Public Protector has the power as regulated by national legislation 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; andc) to take appropriate remedial action.

(2) The Public Protector has the additional powers and functions prescribed by national legislation. (3) The Public Protector may not investigate court decisions.(4) The Public Protector must be accessible to all persons and communities. (5) Any report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.”

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2. Constitutional Mandate (contd.)

In essence: “The purpose of the office of the Public Protector is to ensure that there is an effective public service which maintains a high standard of professional ethics. The Public Protector is an office modelled on the institution of the ombudsman , whose function is to ensure that government officials carry out their tasks effectively , fairly and without corruption or prejudice. . .. Members of the public aggrieved by the conduct of government officials should be able to lodge their complaints with the Public Protector , who will investigate them and take appropriate remedial action. “ In re Certification of the Constitution of the Republic of South Africa, 1996

• This is in line with the Supreme Court of Appeal (SCA) pronouncement in opening slide

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3. Additional Key Statutory Mandate Areas

Maladministration Mandate (Public Protector Act 23 of 1994)

Anti-corruption Mandate (Shared Enforcement of the Prevention and Combating of Corrupt Activities Act 12 of 2000)

Sole Agency Supporting Enforcement of the Executive Members’ Ethics Code (Executive Members’ Ethics Act 82 of 1998)

Safe Harbour for whistle-blowers (Shared under Protected Disclosures Act 26 of 2000)

Review of decisions by the NHRBC (Housing Protection Measures Act 95 of 1998)

Resolving Access to Information Disputes until Information Regulator takes over

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4. Higher Purpose and Strategic Objectives

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Higher Purpose Statement: “A conscience of the state to act with integrity and fairness.”

5. Synergies with Government Priorities

In addition to alignment with on going Government Priorities, the Public Protector Strategic Plan has been slightly adjusted to ensure that the oversight work complements the implementation of:

The National Development Plan, Vision 2030 (Chapter 14):•Emphasis on zero tolerance to corruption and need for anti-corruption system - relevant anti-corruption agencies include the Public Protector•“Competent, skilled institutions like the Public Protector and Special Investigating Unit need to be adequately funded and staffed and free from external interference.”•Protection of whistle-blowers•Public education and awareness campaigns linking the effect of corruption on service delivery and reporting mechanisms.

The State of the Nation Address 2014:•Addressing weaknesses in procurement •Prevention of business with the state by public servants•Protection of whistle blowers and fight against corruption•Contributing to a better Africa and a more just world•Attending to Municipal Hotspots

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6. A National Partnership Against Maladministration and Corruption

• Strategy predicated on honouring constitutional injunction to be accessible to all persons and communities (s182(4)) while leveraging constitutional architecture of complementary oversight involving;

Internal and statutory oversight bodies in government (e.g. IPID, PCS, JIP, MO, TO, Municipal Ombuds, SIU Proclamations and Commissions of Inq.)

Oversight by fellow constitutional bodiesParliamentary oversight (NB Petitions Committees)Courts and Tribunals• Balancing promptness with rigour remains core, while

prioritising Gogo Dlamini cases through Makhadzi Way• Promoting trust in the system and using democracy avenues

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7. COMPLAINTS TRENDS

Recurring themes include:•Indifference;•Systemic service failure;•Non-compliance;•Corruption;•Overbilling;•Overcharging;•False billing; •Scope creep in state contracts or tenders; and•Unnecessary services e.g. legal services (R15m in one internal case)Types/examples:•Intake and Referrals•Majority: “bread and butter” issues (high volumes)•Infrastructure: Water, electricity, roads, classrooms &hospitals/clinics•Systemic governance failure often leading to community protests

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8. Past year at a glance (unaudited)

20 086New cases

R199 253 000Total Budget Allocation

35 029Cases Handled by 31 March 2014

333Total Staff

complement (incl. >100 interns)

9 594Cases carried over

to 2014/15

24 759Cases Finalised by

31 March 2014

13 622Cases carried

forward 2012/13

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9. OPTIMISATION OF LIMITED RESOURCES

•Investment per capita for a nation of 52 million people is: R24 per person per year

•Workload per investigator per year: 237 cases (142 investigators)

•Workload per investigator per month: 12 (new) in addition to existing and ongoing investigations (88 per investigator per month)

•If all cases were to be disposed of per year an investigator is required to dispose of at least one case per day

•At any given time nearly 13 000 cases are active at our offices (as per sampling undertaken in November 2013)

Ideal situation: •Complex Investigations: 6-9 investigations per investigator per annum •Early Resolution matters: 15 – 25 cases per month•Current situation – 20 cases for finalisation per investigator per month

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9. OPTIMISATION OF LIMITED RESOURCES

a) Human Resources:Challenges:•The Organisational structure was approved by the Minister of Finance and DPSA but was never fully funded ( 41% of the posts in the structure are not funded)•Additional mandates were not accompanied with increased resources (e.g. EMEAs)•Retention of trainee investigators and training(approx. R22 million)•Call Centre stalled due to lack of funding for call centre staff (R8 million)

Our Solutions:•Prioritisation of critical posts•Utilisation of interns as trainee investigators•Systemic investigations•Increased referrals and encouraging institutional Ombuds•Partnerships with organs of state•Training support through donor funding e.g. GIZ

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OPTIMISATION OF LIMITED RESOURCES (CONT.)

b) Facilities and infrastructure:Challenges:• In violation of section 182(4) uneven accessibility of services,

particularly in rural areas and special groups such as those with disabilities, language needs and children

• Inefficiencies, duplications etc. through absence of integrated electronic case management system (cost near R10 million)

• Lack of office space (R10.5 million)Our solutions:• Closing and freezing of regional foot print and enhancing ad hoc

services such mobile clinics• Progress in developing a new CMS, with support from SITA• Only limited procurement of office equipment

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OPTIMISATION OF LIMITED RESOURCES (CONT.)

c) Financial resources:Challenge: •Lack of adequate funding has impact on core business – impairs speed and quality of investigations•Additional expenses due to unforeseen and unavoidable costs of litigation (aprox. R10 million)Our Initiative•Cutting down on some of the activities, e.g. levering stakeholder relations instead of advertising and strengthening investigation skills and techniques•Donor Roundtable is planned to explore support for non-investigation activities or expenses

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10. KEY TARGETS FOR 2014/15

Strategic Objective 1: Accessible to and trusted by all persons and communities•Reach 10 million people•Mobile Offices: 8 clinics per outreach office in each province per month•5 National Stakeholder events targeting areas that have not been reached before •Institutionalisation of the customer service charter•Implementation of Stakeholder and Customer Survey outcomes•Implementation of Rules

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KEY TARGETS …continued

Strategic Objective 2: Prompt Justice including Remedial action•Turnaround times for investigation of early resolution cases remain:

– 50% of the complaints resolved within 3 months;– 30% of the complaints resolved within 4 months– 20% of complaints resolved within 6 months.

•50% of all other complaints (GGI and Service Delivery) will be resolved in 6 months and the other 50% between 7 and 12 months•Conduct an audit of all backlog cases and finalise backlogs by September 2014 (currently at 9000)•Continue Alternative Dispute Resolution•Sign response protocols with organs of state and hold workshops with organs of state

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KEY TARGETS (CONT.)

Strategic Objective 3:Promotion of good governance in the conduct of all state affairs•Finalise systemic investigations in RDP Housing, Health, Workers Compensation, Administration of Estates, Social Grants and Municipalities•Expeditiously conclude Executive Members’ Ethics Act investigations (201)•Enhanced Monitoring of implementation of remedial action•Engage with Cabinet on a common vision and complementary approach on maladministration, ethics and corruption•International co-operation including, undertake tasks as Executive Secretary of the African Ombudsman and Mediators’ Association and Chairperson of the African Ombudsman Research Centre

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KEY TARGETS (CONT.)

Strategic Objective 4: Effective Business Systems and economic use of financial resources•Establishment of a Compliance Office to assist in monitoring implementation of remedial action and other tasks•Obtain a clean audit, eliminating adverse audit findings•Implementation of the IFMS•Business process re-engineering •Review and implementation of a case management system

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KEY TARGETS (Cont.)

Strategic Objective 5: Optimal performance and service focused culture•Review of recruitment and retention policies and strategies•Establishment of Internal Audit Unit to strengthen internal control environment•Implementation of programmes to align behaviour with our purpose statement•Review the operating model at provinces and continue engagements with National Treasury regarding resourcing of the organisational structure

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11. BUDGET ALLOCATION

BASELINE ALLOCATION OVER THE MTEF

 2012/13 2013/14 2014/15 2015/16 2016/17

R Million R Million R Million R Million R Million

Transfers 183 147 199 253 217 584 230 397 242 608

Originally requested budget for 2014/15: R300 million

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Budget allocation (cont.)

2014/15 BUDGET PER ECONOMIC CLASSISFICATION

Compensation of Employees 155 500 000

Goods and Services 53 184 000Capital Expenditure 5 150 000Depreciation 3 500 000Interest 824 000Total Budget 218 158 000

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Budget allocation (cont.)PROGRAMME 1: ADMINISTRATION 2014/15

 CEO

•Office of the Chief Executive Officer 1 000 000 •Internal Audit 1 650 000 •Risk Management and Security 484 000 •Strategic Planning & Performance Management 484 000

•Provincial Liaison 283 000 SUB TOTAL - CEO 3 901 000

Corporate Support Services

Finance, Payroll and SCM 3 400 000 Facility Management and Logistics 9 000 000 Human Resource Management and Development 3 300 000

Information and Communication Technology 7 500 000

Research and Knowledge management 161 000

SUB TOTAL - CORPORATE SUPPORT SERVICES 23 361 000 TOTAL FOR PROGRAMME 1 27 262 000

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BUDGET ALLOCATION (CONT.)PROGRAMME 2: INVESTIGATIONS 2014/15

Public Protector 1 150 000

Deputy Public Protector 700 000 Executive Support, Internal Relations & Parliamentary Liaison 4 226 000

Quality Assurance 161 000

Intake Assessment and Customer Service 450 000

Early Resolution 420 000

Good Governance and Integrity 1 245 000

Service Delivery 2 000 000

Public Protector Provincial Representation 6 815 000

TOTAL FOR PROGRAMME 2 17 167 000

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BUDGET ALLOCATION (CONT.)

PROGRAMME 3: OUTREACH 2014/15

Outreach Education and Communication 4 872 000

Media Relations and Corporate Branding 201 000

TOTAL FOR PROGRAMME 3 5 073 000

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12. EMERGING TRENDS & RISKS

• External Environment Undue litigious approach by some state organs Cases becoming more complex – putting stress on balance between

swiftness and thoroughness Exponential increase in case load despite referrals Encouragement of Johannesburg Ombudsman and Military

Ombudsman – noticeable decline in related complaints Reputational damage through increased customer complaints

• Internal Environment Acute financial and human resources constraints Staff resistance to Performance Agreements in face of impossible

workloads (numbers and complexity e.g. 450 cases for investigator in Gauteng in a 365 day year. Not accounting for holidays and leave days

Acute office space shortages

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13. CLOSING REMARKS• The success of the Public Protector as an independent complementary

oversight body lies in its contribution to strengthening constitutional democracy ensure public accountability and transparency in pursuit of good governance

• Parliament’s support is requested with regard to: Approving MTEF budget and request for additional funding Ensuring that the Organisational Structure approved by Parliament

nearly 5 years ago, is funded, while total structural review takes place, urgently. Additional funding for the structure is approx. R22 million

Common language, anchored in the Constitution NB sections 1, 33, 40, 96, 181-3, 195, 217 and 237, is used in oversight work on maladministration, executive ethics and corruption, to avoid impunity

Joining hands in ensuring remedial action as envisaged in section 182(1)(c)the Constitution is not replaced by impunity

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THANK YOU

SIYABONGA; REA LEBOHA; DANKIE

Let it never be said that indifference, self interest and expedience prevented us from building a formidable partnership against maladministration, in all its forms

from indifference to corruption.The pursuit of the constitutional promise of an improved

quality of life for all demands that we work as partners in ending maladministration by helping the people

exact accountability in the exercise of state power and control over public resources.

0800 11 20 40www.publicprotector.org

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