Presentation to the PortfolioPresentation to the PortfolioCommittee on Justice and Committee on Justice and

Constitutional Development Constitutional Development

Adv Lawrence Mushwana Adv Lawrence Mushwana Public Protector of the Republic of Public Protector of the Republic of

South AfricaSouth Africa

04 August 200904 August 2009

ContentsContents

1. 1. Over of the OPPOver of the OPP

2. 2. Appointment of the Public Protector Appointment of the Public Protector

3. 3. Hand over plansHand over plans

3.1 3.1 Written Report Written Report

3.1.1 3.1.1 The status report of the OPP as in 2002The status report of the OPP as in 2002

3.1.2 3.1.2 Interpretation of the constitutional mandateInterpretation of the constitutional mandate

3.1.3 3.1.3 Strategic management from 2002 to 2009.Strategic management from 2002 to 2009.

3.1.4 3.1.4 Organisational structure Organisational structure

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ContentsContents3.1.5 3.1.5 Financial management and accounting Financial management and accounting

3.1.6 3.1.6 International profile International profile

3.1.7 3.1.7 Summary of all special and formal reports.Summary of all special and formal reports.

4. Challenges4. Challenges

5. Lessons5. Lessons

6. How the Committee can provide support to OPP6. How the Committee can provide support to OPP

7.7. Priority issues to deal with Priority issues to deal with

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2. Overview Of The Office 2. Overview Of The Office Of Of The Public Protector The Public Protector 2.1 2.1 OPP was instituted by the provisions of the OPP was instituted by the provisions of the interiminterim Constitution of 1993. Constitution of 1993.

2.2 2.2 11stst Public Protector, Adv S A M Baqwa took Public Protector, Adv S A M Baqwa took office on 1 October 1995.office on 1 October 1995.

2.3 2.3 22ndnd Public Protector – Adv M L Mushwana Public Protector – Adv M L Mushwana appointed 23 October 2002.appointed 23 October 2002.

2.4 Term of 22.4 Term of 2ndnd Public Protector ends 23 October Public Protector ends 23 October 20092009

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Appointment Of The Appointment Of The Public ProtectorPublic Protector

2.5 2.5 President appoints the Public Protector on the President appoints the Public Protector on the recommendation of the National Assembly by recommendation of the National Assembly by supporting vote of at least 60%supporting vote of at least 60%

2.6 2.6 Amendments to the Public Protector Act Amendments to the Public Protector Act provided for the appointment of a Deputy provided for the appointment of a Deputy Public Public ProtectorProtector

2.7 2.7 Adv M T Shai appointed Deputy Public Protector Adv M T Shai appointed Deputy Public Protector for a renewable term of seven years on 01 for a renewable term of seven years on 01 December December 20052005..

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3. Hand Over Plans3. Hand Over Plans 3.1 Term ends October 20093.1 Term ends October 2009

3.2 Hand over-integrated method 3.2 Hand over-integrated method comprisingcomprising

3.2.1 Detailed written report (Copy will 3.2.1 Detailed written report (Copy will be given to Speaker), andbe given to Speaker), and

3.2.2 Verbal handover (relay race type)3.2.2 Verbal handover (relay race type) including DVDincluding DVD

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4. Written Report4. Written Report

4.1 Covers the following areas in detail:4.1 Covers the following areas in detail:

4.2 4.2 The status report of the OPP as in The status report of the OPP as in 20022002

4.3 4.3 Achievements and challenges interpreting Achievements and challenges interpreting & fulfilling the constitutional mandate & fulfilling the constitutional mandate

InvestigationsInvestigationsReportingReportingAccessibilityAccessibilityRelationship with StakeholdersRelationship with Stakeholders

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4. Written Report 4. Written Report

4.3.1 Investigations;4.3.1 Investigations;

4.3.2 Reporting and taking appropriate 4.3.2 Reporting and taking appropriate remedial action;remedial action;

4.3.3 Accessibility (Provincial offices 4.3.3 Accessibility (Provincial offices and and Outreach programmesOutreach programmes

4.3.4 Relationship with Stakeholders4.3.4 Relationship with Stakeholders

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4. Written Report 4. Written Report 4.4 4.4 Strategic management of OPP from 2002 to Strategic management of OPP from 2002 to 20092009

4.4.1 Strategic management process in the 4.4.1 Strategic management process in the OPP;OPP;

4.4.2 Achievements for the past seven(7) 4.4.2 Achievements for the past seven(7) years;years;

4.4.3 Strategic objectives developed in the 4.4.3 Strategic objectives developed in the current 3-year Strategic plan (01 April current 3-year Strategic plan (01 April 2009-31 March 2012)2009-31 March 2012)

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4. Written Report 4. Written Report

4.54.5 Organisational structureOrganisational structure

4.5.14.5.1 How each business unit has developed How each business unit has developed during the past seven yearsduring the past seven years

4.5.2 Including the achievements, successes 4.5.2 Including the achievements, successes and challenges and; and challenges and;

4.5.34.5.3 Current projects; Current projects;

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4. Written Report 4. Written Report 4.64.6 Financial management and Financial management and

accountingaccounting

4.6.14.6.1 OPP budget for the past seven years; OPP budget for the past seven years;

4.6.24.6.2 Auditor General’s findings and reports Auditor General’s findings and reports

during the period.during the period.

4.6.24.6.2 Corporate governance arrangements Corporate governance arrangements

(Audit Committee, (Audit Committee, Internal Audit, Internal Audit,

Risk Management)Risk Management)1111

4. Written Report 4. Written Report

4.74.7 International Profile International Profile

4.7.14.7.1 International Ombudsman Institute International Ombudsman Institute

(IOI).(IOI).

4.7.24.7.2 African Ombudsman and Mediators African Ombudsman and Mediators

Association (AOMA) activities.Association (AOMA) activities.

4.7.34.7.3 African Ombudsman Research Centre African Ombudsman Research Centre

(AORC)(AORC)

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4. Written Report 4. Written Report 4.84.8 Report of all Provincial and Report of all Provincial and

Regional Regional

officesoffices

4.94.9 Summary of all special and formal Summary of all special and formal

reportsreports

4.9.14.9.1 conclude with a brief summary of all conclude with a brief summary of all

special and formal reports issuedspecial and formal reports issued

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5.5. VERBAL REPORTVERBAL REPORT5.1.5.1. Purpose of verbal report: Purpose of verbal report:

5.1.15.1.1 Discuss the report and share some Discuss the report and share some

tips and strategies. tips and strategies.

5.2 Will include interview on DVD 5.2 Will include interview on DVD

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6. Other Internal OPP Structures 6. Other Internal OPP Structures that that

will ensure retention of will ensure retention of Institutional memoryInstitutional memory

6.1 Deputy Public Protector 6.1 Deputy Public Protector

6.2 Chief Executive Officer 6.2 Chief Executive Officer

6.3 6.3 Governance structuresGovernance structures

6.3.1 EXCO (PP, DPP & CEO)6.3.1 EXCO (PP, DPP & CEO)

6.3.1 MANCO (PP, DPP, CEO & all Managers6.3.1 MANCO (PP, DPP, CEO & all Managers

6.3.3 Think Tank 6.3.3 Think Tank

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6. Other Internal OPP Structures 6. Other Internal OPP Structures that will ensure retention of that will ensure retention of

Institutional Memory Institutional Memory

6.4 6.4 Knowledge ManagementKnowledge Management

6.4.1 Purpose is to ensure that 6.4.1 Purpose is to ensure that organizational memory, research organizational memory, research and and knowledge products are knowledge products are institutionalized.institutionalized.

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7. CHALLENGES7. CHALLENGES7.17.1 Allocation of budget to OPP through Dept of Allocation of budget to OPP through Dept of

JusticeJustice

7.27.2 Budgetary constraintsBudgetary constraints

7.2.17.2.1 Inability to fill critical posts due to limited Inability to fill critical posts due to limited fundingfunding

7.2.27.2.2 Funding for Enterprise Resource Planning Funding for Enterprise Resource Planning (seamless integrated solution on the following:(seamless integrated solution on the following:

Finance and Controlling, PayrollFinance and Controlling, Payroll Human Resource Management – including Automated Leave Human Resource Management – including Automated Leave

Application SystemApplication System Material and Purchasing Management – (Supply Chain Management)Material and Purchasing Management – (Supply Chain Management)

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7. CHALLENGES7. CHALLENGES

7.37.3 Conditions of appointment of Public Conditions of appointment of Public Protector and Deputy Public ProtectorProtector and Deputy Public Protector

7.47.4 Implementation of the Occupation Implementation of the Occupation Specific Dispensation (OSD) for Specific Dispensation (OSD) for legally qualified personnellegally qualified personnel

7.57.5 Threats to the independence of the Threats to the independence of the

Public ProtectorPublic Protector

7.67.6 Retention of skilled staffRetention of skilled staff

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7. CHALLENGES7. CHALLENGES

7.77.7 Interaction with ParliamentInteraction with Parliament

7.87.8 Being accessible to all citizens Being accessible to all citizens (Project 44 million)(Project 44 million)

4.94.9 Foreign relationsForeign relations

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8.8. LESSONS LEARNTLESSONS LEARNT

8.1 8.1 Skills of managing a national Skills of managing a national institution such as the OPP;institution such as the OPP;

8.28.2 Dealing with complaints against Dealing with complaints against senior government official such as senior government official such as the President and Cabinet Ministers;the President and Cabinet Ministers;

8.38.3 The importance of collaboration with The importance of collaboration with other Chapter 9 institutions and other Chapter 9 institutions and other similar other similar institutioninstitution

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8.8. LESSONS LEARNTLESSONS LEARNT

8.48.4 The impact of poverty and illiteracy on The impact of poverty and illiteracy on the South African populationthe South African population

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9.9. HOW THE COMMITTEE HOW THE COMMITTEE CAN PROVIDE SUPPORTCAN PROVIDE SUPPORT

9.19.1 Frequent interaction with ParliamentFrequent interaction with Parliament

9.29.2 TTimeous intervention in appropriate imeous intervention in appropriate matters as well as on suggestions and matters as well as on suggestions and discussions on improving the discussions on improving the institutional institutional performance. performance.

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10.10. PRIORITY ISSUES PRIORITY ISSUES TO DEAL WITHTO DEAL WITH

10.110.1 Appointment of 3 Appointment of 3rdrd Public Protector Public Protector

10.210.2 Salary of Deputy Public Protector  Salary of Deputy Public Protector 

10.310.3 Additional funding Additional funding

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Thank You!Thank You!