National Institution overview | |
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Formed | 1 October 1995 [1] |
Preceding National Institution |
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Type | Chapter nine institution |
Jurisdiction | Government |
Headquarters | 175 Lunnon Street, Hillcrest Office Park, 0083, Pretoria, South Africa 25°45′28″S28°14′26″E / 25.757869°S 28.240425°E |
Annual budget | R362.714 million 2021–22 [3] |
National Institution executive |
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Parent National Institution | None (independent) |
Key documents |
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Website | www |
Map | |
The Public Protector in South Africa is one of six independent state institutions set up by the country's Constitution to support and defend democracy.
According to Section 181 [10] of the Constitution:
The first person to hold the office was Selby Baqwa, appointed on the inception of the office in 1995. He was succeeded in 2002 by Lawrence Mushwana, in 2009 by Thuli Madonsela and in 2016 by Busisiwe Mkhwebane. The current Public Protector is Kholeka Gcaleka, in office since 9 June 2022 as Acting Public Protector following the suspension of Public Protector Busisiwe Mkhwebane. President Cyril Ramaphosa formally appointed Gcaleka for her seven-year term as Public Protector on 1 November 2023. [11]
The office of the Public protector has been faced with harsh criticism by parliament specifically by the majority party [12] for requesting an increase of R200m in the budget allocation for additional resources. With the justice portfolio committee chairman Mathole Motshekga [13] being critical of the budget and strategic presentation presented by Adv. Thuli Madonsela.
During the budget speech of 2015 the office of the Public Protector was allocated a total budget for 2015/16 of R 246.1 million [14] an increase of R 60 million as opposed to the increase of R 200 million initially requested, with R 15 million going to the employment of additional investigators and the retention of the 70 investigators who were previously appointed on contract.
The office of the Public Protector is required to appear before the National Assembly at least once every year. During the Adv. Thuli Madonsela's budget and strategic presentation, the advocate was requested to present progress reports before parliament on a quarterly basis. [15]
On 9 June 2022, President Cyril Ramaphosa announced that he is suspending Busisiwe Mkhwebane from her duties as the Public Protector in terms of Section 194 of the Constitution which allowed for the suspension of the Public Protector while an impeachment inquiry was under way. [16] On 11 September 2023, National Assembly voted to impeach Busisiwe Mkhwebane, with 318 in support, 43 against and one abstention; her removal comes a month prior to the end of a 7-year non-renewable term. [17]
On 1 November 2023, the president appointed Kholeka Gcaleka as the 5th Public Protector in terms of Section 193. She was previously acting Public Protector since Mkhwebane was suspended in June 2022. [18]
No. | Name (Birth–Death) | Portrait | Took office | Left office | Appointed by |
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1 | Selby Baqwa (1951–) | 1 October 1995 | 30 September 2002 | Nelson Mandela | |
2 | Lawrence Mushwana (1948–) | 1 October 2002 | 18 October 2009 | Thabo Mbeki | |
3 | Thuli Madonsela (1962–) | 19 October 2009 | 14 October 2016 | Jacob Zuma | |
4 | Busisiwe Mkhwebane (1970–) | 19 October 2016 | 9 June 2022 (suspended) 11 September 2023 (impeached) | Jacob Zuma | |
5 | Kholeka Gcaleka (1982–) | 1 November 2023 (Previously, acting since 9 June 2022) | Incumbent | Cyril Ramaphosa |
The Public Protector has an executive office which administers three major programmes: [19]
The Public Protector receives its mandate from the Public Protector Act of 1994. The Public Protector is one of six State Institutions Supporting Democracy in South Africa. These institutions are independent of the government, subject only to South Africa's Constitution and the law, and report annually to Parliament.
The preamble of the Public Protector Act states, in part:
The Constitution of the Republic of South Africa ... provides for the establishment of the office of Public Protector to investigate matters and to protect the public against matters such as maladministration in connection with the affairs of government, improper conduct by a person performing a public function, improper acts with respect to public money, improper or unlawful enrichment of a person performing a public function and an act or omission by a person performing a public function resulting in improper prejudice to another person.
The Act also gives the Public Protector the authority to order other state institutions to take appropriate remedial action against any impropriety or prejudice made by government.
Any aggrieved complainant may lodge a complaint to the office provided that it falls within powers of the Public Protector in terms of the Public Protector act 23 of 1994. The Public Protector may investigate and take the appropriate remedial action on his/her findings.
The Public Protector is one of six State Institutions Supporting Democracy in South Africa. These institutions are independent of the government, subject only to South Africa's Constitution and the law, and report annually to Parliament.
The powers of the Public Protector are regulated by the national legislation. Additional powers may also be granted by the national legislator. However, court decisions may not be investigated by the office. It receives and investigates complaints from the public government. Some functions include (but are not limited to):
The Public Protector is appointed by the president, in accordance with the provisions of section 193 of the Constitution. The candidate must be a South African citizen who-
"
" – Sub-s. (1A) Act 23 of 1994
Under chapter nine of the constitution, the Public Protector may only serve a non-renewable period of seven years in office.
Reports made by the Public Protector must be open to the public and be accessible to anyone. However certain reports may be kept confidential under exceptional circumstances. [20] The Public Protector has to date investigated at least 40 000 cases. [21]
One of the most prominent cases is the investigation into allegations of impropriety and unethical conduct relating to the installation and implementation of security measures by the Department of Public Works at and in respect of the private residence of President Jacob Zuma at Nkandla in the KwaZulu-Natal province
Any matters in which the Public Protector has jurisdiction may be reported to the office of the Public Protector by any person.
In terms of the Public Protector Act 23 of 1994 [22] and other legislative acts, the Public Protector may investigate, on the basis of a complaint or on his or her own initiative, any level of government. This includes national, provincial and local government, any public office bearer, any parastatal and any statutory council.
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Similar to other bodies under the Chapter nine institution under the Constitution, the office of the Public Protector is independent of government and must be impartial and must exercise their powers and perform their function without any influence or prejudice.
Currently the office of the Public Protector manages an estimate of 40,000 cases, with a staff of 314. [23] During the 2013/14 budget, the office was allocated R199.3m, with an increase of R18.3m for the 2014/15 financial year.
During the budget of 2015, the office was allocated an additional increase of R60m instead of the R200m initially requested at the justice portfolio committee. As a result, the office of the Public Protector was required to make drastic cutbacks. [24]
As a result of the funding difficulties, the spokesman of the office the Public Protector office cited that they would look at external agencies to help fund the office. The executive management of the office of the Public Protector has held meetings with development partners from German, Japan and Belgium. [25]
The South African Revenue Service (SARS) is the revenue service of the South African government. It administers the country's tax system and customs service, and enforces compliance with related legislation. It is governed by the SARS Act 34 of 1997, which established it as "an organ of state within the public administration, but as an institution outside the public service." It thus has a significant degree of administrative autonomy, although it is under the policy control of the Minister of Finance. Effectively, SARS manages, administers, and implements the tax regime as designed by the Minister and National Treasury.
Tina Monica Joemat-Pettersson was a South African politician who served as the Chairperson of the Portfolio Committee on Police from July 2019 until her death in June 2023. A member of the African National Congress, Joemat-Petterson had previously served as the Minister of Agriculture, Forestry and Fisheries from 2009 until 2014 and as the Minister of Energy from May 2014 until March 2017 under President Jacob Zuma.
Pravin Jamnadas Gordhan was a South African politician and anti-apartheid activist who held various ministerial posts in the Cabinet of South Africa. He served as Minister of Finance from 2009 until 2014, and again from 2015 until 2017, as Minister of Cooperative Governance and Traditional Affairs from 2014 until 2015, and as Minister of Public Enterprises from February 2018 until June 2024, when the entire Department of Public Enterprises and its ministry were abolished following the 2024 general elections.
Thulisile Nomkhosi "Thuli" Madonsela is a South African advocate and professor of law, holding a chair in social justice at Stellenbosch University since January 2018. She served as the Public Protector of South Africa from 19 October 2009 to 14 October 2016. In 1996, she helped draft the final constitution of South Africa promulgated by then-President Nelson Mandela.
The private residence of former South African President Jacob Zuma is situated about 24 km (15 mi) south of the rural town of Nkandla in KwaZulu-Natal and is commonly referred to as the Nkandla homestead. During Zuma's presidency, the homestead was the subject of a major public controversy, sometimes referred to as Nkandlagate, concerning what were ostensibly security upgrades to Zuma's compound, at a cost of over R246 million. The use of public funds to make these improvements received significant media coverage and political opposition.
Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11 is an important judgment of the Constitutional Court of South Africa which finds that President Jacob Zuma breached the South African Constitution by failing to implement the recommendations in the Public Protector's Nkandla report.
Busisiwe Mkhwebane is a South African advocate and prosecutor who has been a Member of the National Assembly of South Africa since October 2023, representing the Economic Freedom Fighters. She served as the 4th Public Protector of South Africa from October 2016 until her impeachment in September 2023. She is the first head of a Chapter 9 institution to be removed through impeachment.
The Republic of Gupta: A Story of State Capture is a 2017 book by South African investigative journalist Pieter-Louis Myburgh.
Bongani Thomas Bongo is a South African politician and the former Minister of State Security, a position to which he was appointed on 17 October 2017 by President Jacob Zuma until he was relieved from the post on 28 February 2018 by President Cyril Ramaphosa. He was the only appointment that had not been a cabinet minister before. He served as President of the University of Limpopo's Alumni and Convocation Association between 2016 and 2022, and became its emiratus president soon after that. As the Minister of State Security, Bongo headed the State Security Agency of South Africa.
John Harold Jeffery has been the Deputy Minister of Justice and Constitutional Development in South Africa since 2013. He was appointed by President Jacob Zuma in a cabinet reshuffle on 9 July 2013, and has remained in the post throughout the tenure of current President Cyril Ramaphosa.
Tembeka Nicolas Ngcukaitobi is a South African lawyer and legal scholar. An advocate of the Johannesburg Bar since August 2010, he gained silk status in February 2020. He is currently a member of the Judicial Service Commission and a part-time member of the Competition Commission's Competition Tribunal.
Anton Wilhelm Bredell is a South African politician for the Democratic Alliance. He is the current Western Cape Provincial Minister of Local Government, Environmental Affairs and Development Planning and a Member of the Western Cape Provincial Parliament.
Pemmy Castelina Pamela Majodina is a South African politician from the Eastern Cape. A member of the African National Congress (ANC), she has been the Minister of Water and Sanitation since July 2024. Between May 2019 and June 2024, she was the Chief Whip of the Majority Party in the National Assembly of South Africa.
Baxolile Babongile Nodada is a South African politician for the Democratic Alliance who has been a Member of Parliament since 2019. He served as the Shadow Minister of Basic Education and the Parliamentary Counsellor to the Leader of the Opposition in John Steenhuisen's Shadow Cabinet from 2020 until the DA entered national government in July 2024.
Loyiso Khanyisa Bunye Mpumlwana was a South African politician and advocate. A member of the African National Congress, he was elected to the National Assembly in 2014. He served until the 2019 election, when he lost his seat. In 2020, he was elected to return to the assembly.
Impeachment in South Africa is the process by which the legislative body of the Republic of South Africa addresses legal charges against a government official.
Thabo Nelson Mmutle is a South African Member of Parliament for the African National Congress. He first became an MP at the 2019 general election. Mmutle is a former member of the national executive committee (NEC) of the African National Congress Youth League.
The 2020 Phala Phala Robbery or Cyril Ramaphosa Farm Burglary or Farmgate Scandal was a burglary of South African President Cyril Ramaphosa's private Phala Phala game farm near Bela-Bela, Limpopo, South Africa. The incident occurred on 9 February 2020 in which an indeterminate amount of cash was stolen. Arthur Fraser, an ally of former President Jacob Zuma alleged that around 4 million US dollars of undeclared foreign currency had been stolen. However, subsequent reports indicated that the amount stolen was $580 000 Ramaphosa denied any wrongdoing, and sought judicial review of a report by a panel appointed by the South African Parliament released in 2022 that accused him of "serious misconduct". Opposition parties and MPs have slammed investigations into the source of the cash, and have accused the South African Reserve Bank of a providing claptrap report and systemic coverup. The Democratic Alliance intends to pursue the courts to further investigate the matter.
Sharise Erica Weiner is a South African judge of the Supreme Court of Appeal. Before her appointment to the Supreme Court in December 2022, she was a judge of the South Gauteng High Court from 2011 to 2022. She was admitted as an advocate in 1978 and gained silk status in 1995.
Nompilo Kholeka Gcaleka is a South African lawyer and the current Public Protector of South Africa. She previously served as Deputy Public Protector and became Acting Public Protector on 9 June 2022 following the suspension of Public Protector Busisiwe Mkhwebane. Gcaleka was recommended for appointment as the fifth person to hold the position of Public Protector in a vote by the National Assembly on 19 October 2023. The Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) opposed Gcaleka's nomination to the Public Protector's office, saying she was not a suitable candidate. President Cyril Ramaphosa formally appointed Gcaleka for her seven-year term as Public Protector on 1 November 2023