presentation to the portfolio committee on justice and

Presentation to the Portfolio Presentation to the Portfolio Committee on Justice and Committee on Justice and

Constitutional Development Constitutional Development

presentation by presentation by

Themba MthethwaThemba Mthethwa Chief Executive OfficerChief Executive Officer

Public Protector South AfricaPublic Protector South Africa

04 August 200904 August 2009

ContentsContents1.1. INTRODUCTIONINTRODUCTION

1.11.1 Legal Framework Legal Framework 1.21.2 Mandate Mandate

2.2. PERFORMANCE ON STRATEGIC PERFORMANCE ON STRATEGIC OBJECTIVES (2008/2009)OBJECTIVES (2008/2009)2.12.1 Mission StatementMission Statement2.22.2 VisionVision

3.3. BUDGET 2008/2009BUDGET 2008/2009

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ContentsContents4.4. STRATEGIC PLAN (2009STRATEGIC PLAN (2009--2012)2012)

4.14.1 Mission StatementMission Statement4.24.2 VisionVision

5.5. ORGANISATIONAL STRATEGYORGANISATIONAL STRATEGY5.1 5.1 Organisational Structure Organisational Structure 5.2 5.2 Strategic ObjectivesStrategic Objectives5.35.3 Elements of the Strategic ObjectiveElements of the Strategic Objective5.4 5.4 Outline of Programmes and SubOutline of Programmes and Sub--

ProgrammesProgrammes6.6. BUDGET 2009/10BUDGET 2009/10

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Legal FrameworkLegal Framework

The mandate , powers and functions of the The mandate , powers and functions of the OPP are provided for by:OPP are provided for by:

The Constitution, 1996The Constitution, 1996The Public Protector Act 23, 1994The Public Protector Act 23, 1994The Executive Members Ethics Act,1998The Executive Members Ethics Act,1998

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Mandate Mandate

•• MandateMandate

““To strengthen constitutional democracy by investigating To strengthen constitutional democracy by investigating matters such as maladministration, undue delay, abuse of matters such as maladministration, undue delay, abuse of power and/or any conduct resulting in improper prejudice power and/or any conduct resulting in improper prejudice

by an organ of State in order to enhance fairness and by an organ of State in order to enhance fairness and efficiency in public administrationefficiency in public administration””

44

PERFORMANCE ON STRATEGIC PERFORMANCE ON STRATEGIC OBJECTIVES (2008/09)OBJECTIVES (2008/09)

Mission Statement:Mission Statement:““To strengthen constitutional democracyTo strengthen constitutional democracy

by conducting investigations into alleged or by conducting investigations into alleged or suspected improper conduct by organs of state, suspected improper conduct by organs of state,

reporting and recommending remedial action reporting and recommending remedial action and enhancing awareness and and enhancing awareness and

accessibility to allaccessibility to all””Vision:Vision:

““To strive for quality and fair service delivery To strive for quality and fair service delivery by all organs of stateby all organs of state””

55


INTRODUCTIONINTRODUCTIONThis report covers the operations of the office of This report covers the operations of the office of the Public Protector (OPP) for twelve months the Public Protector (OPP) for twelve months period starting from 1 April 2008 to 31 March period starting from 1 April 2008 to 31 March 2009, followed by 2009, followed by plans for the current financial plans for the current financial year.year.The report includes highlights for the year, The report includes highlights for the year, statistical achievements, challenges and statistical achievements, challenges and measures to address them.measures to address them.

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The OPP operated under four Programmes The OPP operated under four Programmes In terms of the (2008In terms of the (2008--2011) Strategic Plan;2011) Strategic Plan;

Investigations and ReportingInvestigations and ReportingExecutive ManagementExecutive ManagementOutreach ProgrammeOutreach ProgrammeCorporate Support ServicesCorporate Support Services

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Programme one:Programme one: Investigation and ReportingInvestigation and Reporting

Objective:Objective:To conduct national, special and provincial To conduct national, special and provincial investigations that are effective, efficient, investigations that are effective, efficient, informed, timeous and of high quality.informed, timeous and of high quality.

Outcome:Outcome:Improved service delivery to stakeholdersImproved service delivery to stakeholders

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Programme one:Programme one: AchievementsAchievements

In 2008/09 financial year, 6 780 complaints were brought In 2008/09 financial year, 6 780 complaints were brought forward from the 2007/08 financial year and 12 435 forward from the 2007/08 financial year and 12 435 received. A total of 19 215 complaints were considered, received. A total of 19 215 complaints were considered, of these complaints, 13 220 were finalised and 5 995 of these complaints, 13 220 were finalised and 5 995 carried over to 2009/10 financial year.carried over to 2009/10 financial year.

Out of a total of 7 strategic objectives, 5 were achieved Out of a total of 7 strategic objectives, 5 were achieved and two were partially achievedand two were partially achieved

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Programme One:Programme One: Statistical OverviewStatistical Overview

Chart 1: Statistics of complaints brought forward, received, fiChart 1: Statistics of complaints brought forward, received, finalised nalised and and carried overcarried overChart 2: Statistics of non jurisdictional matters dealt with anChart 2: Statistics of non jurisdictional matters dealt with and d complaints referred to other institutionscomplaints referred to other institutionsChart 3: Comparison of statistics received and finalized in 200Chart 3: Comparison of statistics received and finalized in 2005/06 5/06 until until 2008/09 financial years.2008/09 financial years.Chart 4: Sample of Gender breakdown of complaints taken from 4 Chart 4: Sample of Gender breakdown of complaints taken from 4 897 of the investigations finalized in 2008/09 financial year.897 of the investigations finalized in 2008/09 financial year.Chart 5: Statistics of cases older than 1 year as at 31 March 20Chart 5: Statistics of cases older than 1 year as at 31 March 2009 09 reflected as Per National and Provincial Investigations.reflected as Per National and Provincial Investigations.Chart 6: Sample of average turnaround times which investigationsChart 6: Sample of average turnaround times which investigationswere finalised in 2008/09 reflected per period.were finalised in 2008/09 reflected per period.

1010

Statistics of complaints brought forward, received, finalised Statistics of complaints brought forward, received, finalised and carried over the 2009/10 financial year reflected and carried over the 2009/10 financial year reflected

as per National and Provincial investigations.as per National and Provincial investigations.

BRANCH COMPLAINTS

BROUGHT

FORWARD=6780

COMPLAINTS

RECEIVED=12435

COMPLAINTS

FINALISED=13220

COMPLAINTS CARRIED

OVER 2009/10=5995

NATIONAL 1042 2130 2713 459

E. CAPE 659 1235 1336 558

F. STATE 277 650 806 121

GAUTENG 544 1578 1291 831

K. NATAL 1000 1285 1270 1015

LIM 1010 1643 1623 1030

MPU 587 709 685 611

N. CAPE 399 524 710 213

N.WEST 748 1869 1952 665

W.CAPE 514 812 834 492

TOTAL 6780 12435 13220 5995

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Chart 1: Chart 1: Statistics of complaints brought forward, received, finalised Statistics of complaints brought forward, received, finalised

and carried over the 2009/10 financial year reflected and carried over the 2009/10 financial year reflected as per National and Provincial investigations.as per National and Provincial investigations.

1212

Statistics of non jurisdictional matters dealt with and Statistics of non jurisdictional matters dealt with and complaints referred to other institutions in 2008/09 reflected complaints referred to other institutions in 2008/09 reflected

as per National and Provincial investigations.as per National and Provincial investigations.

BRANCH NON-JURISDICTIONAL COMPLAINTS REFERRED TO

OTHER INSTITUTIONS

NATIONAL 424 176

E. CAPE 71 61

F. STATE 104 143

GAUTENG 1203 439

K. NATAL 101 11

LIM 113 70

MPU 161 12

N. CAPE 23 46

N.WEST 676 5

W.CAPE 243 18

TOTAL 3119 9811313

Chart 2: Chart 2: Statistics of non jurisdictional matters dealt with and Statistics of non jurisdictional matters dealt with and

complaints referred to other institutions in 2008/09 reflected complaints referred to other institutions in 2008/09 reflected as per National and Provincial investigations.as per National and Provincial investigations.

1414

Comparison of statistics received and finalized in Comparison of statistics received and finalized in 2005/06 until 2008/09 financial years.2005/06 until 2008/09 financial years.

Financial year Complaints

received

Complaints

finalised

2005/06 17415 17619

2006/07 12629 13434

2007/08 13195 11280

2008/09 12435 13220

1515

Chart 3: Chart 3: Comparison of statistics received and finalized in 2005/06 Comparison of statistics received and finalized in 2005/06

until 2008/09 financial yearsuntil 2008/09 financial years

1616

Sample of Gender breakdown of complaints taken from 4 897 Sample of Gender breakdown of complaints taken from 4 897 of the investigations finalized in 2008/09 financial year.of the investigations finalized in 2008/09 financial year.

FEMALE MALE

1595 3302

1717

Chart 4:Chart 4: Sample of Gender breakdown of complaints taken from 4 897 Sample of Gender breakdown of complaints taken from 4 897

of the investigations finalized in 2008/09 financial yearof the investigations finalized in 2008/09 financial year

1818

Statistics of cases older than 1 year as at 31 March 2009 reflecStatistics of cases older than 1 year as at 31 March 2009 reflected as per ted as per National and Provincial Investigations.National and Provincial Investigations.

NATIONAL 17

EASTERN CAPE 23

FREE STATE 0

GAUTENG 103

KWAZULU-NATAL 39

LIMPOPO 136

MPUMALANGA 65

NORTHERN CAPE 11

NORTHWEST 71

WESTERN CAPE 0

TOTAL 465

1919

Chart 5:Chart 5: Statistics of cases older than 1 year as at 31 March 2009 Statistics of cases older than 1 year as at 31 March 2009 reflected as per National and Provincial Investigationsreflected as per National and Provincial Investigations

2020

Sample of average turnaround times which investigations were finSample of average turnaround times which investigations were finalised alised in 2008/09 reflected per period.in 2008/09 reflected per period.

PERIOD

0-3 Months 5783

4-9 Months 2360

7-12 Months 2926

13-24 Months 1257

25+ Months 229

2121

Chart 6: Chart 6: Sample of average turnaround times which investigations Sample of average turnaround times which investigations

were finalised in 2008/09 reflected per periodwere finalised in 2008/09 reflected per period

2222

Programme Two:Programme Two: Executive ManagementExecutive Management

Objective:Objective:To provide strategic direction and improve internal and To provide strategic direction and improve internal and external communication to inculcate a common vision external communication to inculcate a common vision and improved profile for the OPPand improved profile for the OPP

Outcome:Outcome:Improved service delivery to stakeholders.Improved service delivery to stakeholders.Smooth, timeous flow of accurate information to all OPP Smooth, timeous flow of accurate information to all OPP staff.staff.Increased awareness and knowledge of the Increased awareness and knowledge of the constitutional mandate of the OPPconstitutional mandate of the OPP

2323

Programme Two:Programme Two: AchievementsAchievements

Integrated Corporate staff manual was reviewed, Integrated Corporate staff manual was reviewed, updated and is being implementedupdated and is being implementedThink Tank operational process manual was Think Tank operational process manual was reviewed, improved and implemented. 40 reviewed, improved and implemented. 40 Reports have been issued and signed by the PPReports have been issued and signed by the PPGuidelines on corporate branding have been Guidelines on corporate branding have been approved and implementedapproved and implemented

2424

Programme Three:Programme Three: Outreach ProgrammeOutreach Programme

Objective:Objective:To empower people through knowledge To empower people through knowledge and ensure accessibility of OPP servicesand ensure accessibility of OPP services

Outcome:Outcome:Improved stakeholder perception, Improved stakeholder perception, cooperation and accessibility of OPP cooperation and accessibility of OPP services.services.

2525

Programme Three:Programme Three: AchievementsAchievements

The outreach programme exceeded the set target The outreach programme exceeded the set target for educating communities about their rightsfor educating communities about their rights

45 advocacy workshops and 45 advocacy workshops and 193 information sessions conducted per 193 information sessions conducted per provinceprovinceOut of the 852 clinics planned, 763 were Out of the 852 clinics planned, 763 were conductedconducted

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Programme Four:Programme Four: Corporate Support ServicesCorporate Support Services

Objective:Objective:To achieve and sustain an effective and To achieve and sustain an effective and efficient corporate support service that is efficient corporate support service that is compliant with legislationcompliant with legislation

Outcome:Outcome:Improved service deliveryImproved service delivery

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Programme Four:Programme Four: AchievementsAchievements

The internal business processes and information The internal business processes and information technology have improved. IT department has been fully technology have improved. IT department has been fully capacitated and infrastructure upgraded with new capacitated and infrastructure upgraded with new technologies including a knowledge management technologies including a knowledge management function. function. Case management system development was completed Case management system development was completed We reviewed, developed and consolidated internal We reviewed, developed and consolidated internal policies and procedures. This included the reviewing of policies and procedures. This included the reviewing of the Employment Equity Plan, Employee Wellness the Employment Equity Plan, Employee Wellness Programme and the Performance Management System;Programme and the Performance Management System;Phase one of Occupation Specific Dispensation (OSD) is Phase one of Occupation Specific Dispensation (OSD) is was implementedwas implemented

2828


Challenges:Challenges:

Complexity of some complaintsComplexity of some complaintsCapacity constraints,Capacity constraints,High workload and High workload and High staff turnover. High staff turnover.

2929


Measures to address Challenges:Measures to address Challenges:

The implementation of the retention The implementation of the retention strategy will address high staff turnover.strategy will address high staff turnover.Transferring investigation posts from Transferring investigation posts from National office to provincial offices as and National office to provincial offices as and when they become vacant.when they become vacant.

3030

STRATEGIC PLAN STRATEGIC PLAN (2009 (2009 -- 2012)2012)

The Vision of the OPP has been revised as follows:The Vision of the OPP has been revised as follows:

““To be one of the leading Public Protector To be one of the leading Public Protector (Ombusdman) institutions in the world(Ombusdman) institutions in the world””

The respective Programmes contribute to the The respective Programmes contribute to the revised vision statement for Office of the Public revised vision statement for Office of the Public Protector as follows:Protector as follows:

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Vision Vision (Programme Level)(Programme Level)

Programme 1:Programme 1:““To conduct excellent investigations and be To conduct excellent investigations and be

accessible to allaccessible to all””Programme 2:Programme 2:““To provide world class strategic directionTo provide world class strategic direction””Programme 3:Programme 3:““To provide excellent support services to To provide excellent support services to

enable the organisation to deliver on its enable the organisation to deliver on its mandatemandate”” 3232

Organisational StructureOrganisational Structure

Proposed Functional Proposed Functional Organisational StructureOrganisational Structure

PUBLIC PROTECTOR OF SOUTH AFRICA

DEPUTY PUBLIC PROTECTOR

OF SOUTH AFRICA

EXECUTIVE AUTHORITY

3434

Proposed Functional Proposed Functional Organisational StructureOrganisational Structure

CHIEF EXECUTIVE OFFICER

PROVINCIAL INVESTIGATION

S AND COORDINATION

NATIONAL INVESTIGTION

S AND OUTREACH

FINANCE AND SUPPLY CHAIN MANAGEMENT

CORPORATE SERVICES

3535

STRATEGIC PLANSTRATEGIC PLAN (2009 (2009 -- 2012)2012)

The OPP has formulated and incorporated The OPP has formulated and incorporated strategic objectives at organisational level strategic objectives at organisational level which is the consolidation of the which is the consolidation of the programme objectives into high level programme objectives into high level strategic thrusts. strategic thrusts. These strategic objectives outline our These strategic objectives outline our aspirations and the impact we wish to aspirations and the impact we wish to make in the long term.make in the long term.

3636

STRATEGIC PLAN STRATEGIC PLAN (2009 (2009 –– 2012)2012)

Further, operations have been revised to Further, operations have been revised to three programmes namely:three programmes namely:

Investigations and Outreach,Investigations and Outreach,Executive Support andExecutive Support andCorporate Support Services. Corporate Support Services.

This new realignment will support our This new realignment will support our strategic drive for the OPP to remain lean strategic drive for the OPP to remain lean and highly professional.and highly professional.

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Strategic ObjectivesStrategic Objectives

The plan has the following strategic objectives at The plan has the following strategic objectives at organisational level:organisational level:1.1. To be one of the leading Public To be one of the leading Public

Protector (Ombudsman) institutions in Protector (Ombudsman) institutions in the world.the world.

2.2. To ensure that all allegations of To ensure that all allegations of improper conduct by the state and its improper conduct by the state and its entities are investigated, reported and entities are investigated, reported and appropriate remedial action taken.appropriate remedial action taken.

3838

Strategic ObjectivesStrategic Objectives

3. 3. To ensure accessibility of the Office of To ensure accessibility of the Office of the Public Protector services to all the Public Protector services to all persons and communities.persons and communities.

4. 4. To ensure the efficient and effective To ensure the efficient and effective management/leadership of the Office of management/leadership of the Office of the Public Protector.the Public Protector.

5. 5. To ensure high performance culture by To ensure high performance culture by attracting and retaining highly attracting and retaining highly competent and skilled individuals.competent and skilled individuals.

3939

Strategies of the OPP per Strategies of the OPP per ObjectiveObjective

Strategic Objective 1 Strategies(Elements of the strategic objective)

To be one of the leading Public Protector (Ombusdman) institutions in the world

i. To enhance international participation.

ii. To establish an effective relationship with organs of state.

iii. To establish the media as a critical partner for enhancing the work of the Office of the Public Protector.

iv. To establish strategic partnerships with stakeholders.

v. An effective integrated internal and external communications strategy

4040



To ensure that all allegations of improper conduct by the state and its entities are investigated, reported on and appropriate remedial action taken

i. To investigate alleged

improper conduct.

ii. To produce reports on

investigations.

iii. To take remedial action.

iv. To monitor the implementation

of recommendations.

4141



To ensure accessibility of Office of the Public Protector services to all persons and communities

i. To raise awareness of the

mandate of the Office of the

Public Protector.

ii To take the services of the

Office of the Public Protector

to communities.

4242


Strategic Objective Strategies(Elements of the strategic objective)

To ensure the efficient and effective management/ leadership of the Office of the Public Protector

i. Ensure automation of business systems and processes.

ii. Ensure good governance.iii. Ensure that the organisational

structure is aligned to the strategy.

iv. Monitor and evaluate the overall institutional performance.

v. Ensure the implementation of the Service Delivery Charter.

i. Institutionalise organisational memory, research and knowledge products.

4343


Strategic Objective Strategies(Elements of the strategic objective)

To ensure a high performance culture by attracting and retaining highly competent and skilled individuals

i. Integrated HR strategy and policies implemented.

ii. Instil a conducive environment to support a high performance culture.

iii. Ensure that organisational values are displayed in the behaviour of employees.

iv. Further development, review and implementation of the Employee Wellness Programme.

4444

Outline of Programmes & SubOutline of Programmes & Sub-- ProgrammesProgrammes

Programme 1: Investigations and OutreachProgramme 1: Investigations and Outreach

1.1 National Investigations1.1 National Investigations1.2 Provincial Investigations1.2 Provincial Investigations1.3 Special Investigations1.3 Special Investigations1.4 Outreach1.4 Outreach

4545


Programme 2: Executive ManagementProgramme 2: Executive Management

2.1 Public Protector2.1 Public Protector2.2 Deputy Public Protector2.2 Deputy Public Protector2.3 Chief Executive Officer2.3 Chief Executive Officer2.4 Executive Support2.4 Executive Support2.5 Security and Risk Management2.5 Security and Risk Management

4646


Programme 3: Corporate Support ServicesProgramme 3: Corporate Support Services

3.1 HRM & D3.1 HRM & D3.2 Finance and SCM3.2 Finance and SCM3.3 IT and Knowledge Management3.3 IT and Knowledge Management3.4 Administration Support3.4 Administration Support3.5 Communications3.5 Communications

4747

FINANCIAL MANAGEMENTFINANCIAL MANAGEMENT

4848

IntroductionIntroduction

PurposePurposeTo achieve and sustain an efficient To achieve and sustain an efficient corporate support service that is corporate support service that is compliant with legislationcompliant with legislation

PFMA PFMA Treasury RegulationTreasury RegulationOther financial regulationsOther financial regulations

4949

Overview Overview –– Budget in RBudget in R’’000000

5050

Overview Overview –– Budget percentage changeBudget percentage change

5151

Overview: Budget split in ROverview: Budget split in R’’000000

5252

Overview: Personnel costs vs. Goods & Overview: Personnel costs vs. Goods & Services in %Services in %

5353

MTEF Allocations : 2009/10 to 2011/12 in RMTEF Allocations : 2009/10 to 2011/12 in R’’000000

2009/10 2010/11

Approved ‐

November 08 107,699 111,805

Adjustment ‐

January 09 ‐754 ‐1,118

Adjusted ‐

January 09 106,945 110,687

Personnel Costs 71,584 75,879

Goods and Services 35,361 34,808

Total Allocation 106,945 110,687

5454

Summary per Programme, Personnel Costs and Capital Costs

Division 2009/10 2010/11

Programme 1 9,607,480 9,457,000

Programme 2 2,200,000 2,166,000

Programme 3 19,620,000 19,313,000

Capital Costs 2,000,000 1,969,000

Contingency budget 1,933,520 1,903,000

Total ‐

Goods and Services 35,361,000 34,808,000

Personnel Costs 71,584,000 75,879,000

Total Allocation 106,945,000 110,687,000 5555

Budget allocation per Programme in %Budget allocation per Programme in %

5656

Programme 1 ‐

Investigation and Outreach in R’000Division 2009/10 2010/11

National Investigation 412 406

Outreach 2,020 1,988

PICU 280 276

Provincial Offices 6,300 6,201

Special Investigation 595 586

TOTAL 9,607 9,457

5757

Programme 2 : Executive Support Services in R’000Division 2009/10 2010/11

Public Protector 700 689

Deputy Public Protector 300 296

Chief Executive Officer 700 689

Executive Support 500 492

TOTAL 2,200 2,166

5858

Programme 3 : Corporate Support Services in R’000Division 2009/10 2010/11

HRM&D 4,000 3,937

Administration 3,150 3,101

Communications 1,600 1,575

Finance 2,000 1,969

IT 8,000 7,875

Knowledge Man. 500 492

Security 370 364

TOTAL 19,620 19,313

5959

Provincial Breakdown in R’000Division 2009/10 2010/11

Eastern cape 600 591

Free State 650 639

Gauteng 850 837

KwaZulu Natal 600 591

Limpopo 700 689

Mpumalanga 650 640

North West 1,000 984

Northern Cape 550 541

Western Cape 700 689

TOTAL 6,300 6,201

6060

Financial ChallengesFinancial ChallengesUpgrading financial system;Upgrading financial system;Employee salaries;Employee salaries;Inability to fill critical posts;Inability to fill critical posts;High rate of staff turnover;High rate of staff turnover;Development of costing model for investigators; andDevelopment of costing model for investigators; andUpgrading of telecommunications systemsUpgrading of telecommunications systems

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Thank You!Thank You!

presentation to the portfolio committee on justice and

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