|3rd Public Protector of South Africa|
19 October 2009 –14 October 2016
|Appointed by||President Jacob Zuma|
|Preceded by||Lawrence Mushwana|
|Succeeded by||Busisiwe Mkhwebane|
Thulisile Nomkhosi Madonsela
28 September 1962
|Political party||African National Congress|
|Alma mater|| University of Swaziland |
University of the Witwatersrand
Thulisile Nomkhosi "Thuli" Madonsela (born 28 September 1962)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.
Madonsela was born in Johannesburg in 1962,the daughter of informal traders Bafana and Nomasonto,and grew up in Soweto. She attended Evelyn Baring High School in Nhlangano in Swaziland,from where her family originates. She graduated with a BA in Law from the University of Swaziland in 1987,and an LLB from the University of the Witwatersrand in 1990. On 26 March 2015,Madonsela was awarded a Doctor of Laws degree,LL.D. (Honoris causa) from the University of Stellenbosch. She was further awarded another Doctor of Laws degree,LL.D. (honoris causa),from the University of Cape Town;the award ceremony took place at Jameson Hall on 11 June 2015.
She also has an honorary doctorate from Rhodes University and the University of Fort Hare.
Madonsela was,until 2007,an ordinary member of the Pretoria branch of the African National Congress (ANC).During the apartheid era Madonsela served in the ANC and in the United Democratic Front anti-apartheid organisation. She believes that holding political office would not be her "best contribution as a human being". In 1994 she declined the position of ANC MP in South Africa's first post-apartheid Parliament. In January 2014 it was reported that several ANC branches in Gauteng had unsuccessfully nominated her as a candidate to represent the ANC in the National Assembly or one of the provincial legislatures in the 2014 general election. Her spokesperson said she was unaware of the nomination and would not have accepted it.
Madonsela worked for trade unions and in both the public and private sectors from the 1980s.She was a member of the team who drafted the final constitution of South Africa promulgated by then President Nelson Mandela in 1996. After Mandela's death,Madonsela said in a tribute to him:"We will always admire him for gladly submitting his administration to the scrutiny of checks and balances such as the courts and institutions supporting democracy when its actions came into question." Prior to her appointment as Public Protector,Madonsela served as a full-time member of the South African Law Reform Commission, appointed to the position in 2007 by then President Thabo Mbeki.
Madonsela was appointed Public Protector by President Jacob Zuma for a non-renewable seven-year term commencing 19 October 2009,with unanimous support from the multi-party National Assembly. At the announcement of her appointment,Zuma said Madonsela "will need to ensure that this office continues to be accessible to ordinary citizens and undertakes its work without fear or favour". Madonsela likens her role as Public Protector to the Venda chief's paternal aunt known as the makhadzi,a non-political figure who "gives the people a voice while giving the traditional leader a conscience".
In 2012,she investigated "kickbacks" received by Julius Malema in the context of traffic department contracts given to external contractor On-Point Engineering.
As Public Protector,Madonsela investigated complaints regarding public spending on Zuma's private homestead in the KwaZulu-Natal town of Nkandla.Her final report on security upgrades to Zuma's homestead titled Secure in Comfort was published on 19 March 2014. Madonsela found that Zuma had benefited unduly from the R246 million the state had spent on the upgrades. Her report has been met with much criticism and opposition from representatives of the ANC ruling party. Shortly before her final report was made public,ANC secretary general Gwede Mantashe and cabinet minister Lindiwe Sisulu made public statements undermining Madonsela and her report,with Mantashe calling it a "political report". After its publication,the African National Congress Youth League (ANCYL) called for Madonsela's resignation,and members of the ANCYL and the ANC-aligned Congress of South African Students (COSAS) made disparaging remarks about her. COSAS,which had been admonished by female cabinet minister Nosiviwe Mapisa-Nqakula for a "sexist" remark,subsequently retracted "a personal address to comrade Madonsela". ANC chief whip Stone Sizani said "we strongly believe that she has overstepped the mark" by making some "disparaging remarks" with "political overtones". A group of lawyers from KwaZulu-Natal started a public campaign to discredit her report,and she was accused of having a political agenda by cabinet minister Fikile Mbalula. On 4 July 2014,ANC MPs in the justice portfolio committee objected to Madonsela's "views that are political in nature" and committee chairperson Mathole Motshekga suggested that the powers of the Public Protector,which are governed by the country's constitution,be reviewed.
Zuma made a submission to Parliament on 14 August 2014 regarding Madonsela's report on Nkandla.Madonsela wrote a letter to Zuma dated 21 August 2014,stating that his submission to Parliament was not an adequate response to her report and requesting a response to her letter by 4 September 2014. During a media briefing on 26 August 2014,Gwede Mantashe criticised her handling of the matter,saying the ANC want her to "behave correctly" and "not abuse" her term of office,while his deputy Jessie Duarte expressed concerns about Madonsela being "populist in her orientation". Madonsela subsequently held a press conference on 28 August 2014,in which she defended her actions and requested those ANC members interfering with her duties to stop doing so. The same day,civil rights organisation AfriForum laid criminal charges against Mantashe and Duarte for contravening the Public Protector Act by insulting the Public Protector. The general secretary of ANC Tripartite Alliance partner COSATU Zwelinzima Vavi and general secretary of its largest affiliate NUMSA Irvin Jim subsequently defended Madonsela and criticised the ANC's response. Madonsela later elaborated to the media that her letter to Zuma complements the parallel parliamentary process,"because finally they would have the president's comments on my report. But now they only have the president's own initiative,which is a general statement on his observations on what happened there,but he's not saying whether he agrees or disagrees with me. He is not saying what he is going to do to fix his branch of government." On 6 September 2014,deputy Minister of Defence and Military Veterans Kebby Maphatsoe publicly accused Madonsela of "acting like a counter-revolutionary" and working for the CIA. Madonsela said she would charge Maphatsoe with contempt if he does not retract his accusations. The ANC distanced itself from Maphatsoe's statements and he publicly withdrew them on 9 September 2014. In a written response sent to Madonsela on 11 September 2014,Zuma disagreed with her understanding of her authority in the matter.
Opposition parties Economic Freedom Fighters and Democratic Alliance approached the Constitutional Court to enforce Madonsela's findings after they were ignored by Zuma and dismissed in Parliament.On 31 March 2016,the Constitutional Court delivered a unanimous judgement stating that the Public Protector's report was binding and Zuma and the National Assembly failed to uphold the country's constitution. The court ordered the National Treasury to determine the amount that Zuma must pay back,and ordered Zuma to do so within 45 days of the court's approval of the National Treasury report.
Madonsela's final report, "State of Capture", was released as her 7-year term of office came to an end in October 2016. Her report was a result of the complaint submitted by a Catholic priest, called Father Stanslaus Muyebe.The report used Wikipedia, News24, Mail & Guardian and opposition part as her sources state capture including the Gupta family's improper influence over President Jacob Zuma. Madonsela directed the President to appoint a judicial commission of inquiry, headed by a judge named by the Chief Justice. Zuma called the report "political propaganda" and challenged it in court, but the High Court dismissed the challenge in December 2017, finding that Zuma must implement the remedial actions within 30 days, and making a personal costs order against Zuma.
Madonsela raised her two children, a boy and a girl, as a single parent. Her husband died when the children were very young. In 1980, Madonsela began her career as an assistant teacher at her former school, Evelyn Baring High School, in Swaziland. In 1982 she became an assistant teacher at Naledi High School in Soweto, one of the schools at the center of the 1976 Soweto Uprising.In late July 2018, it was revealed that Madonsela was engaged to Dick Foxton, a public relations consultant.
Jacob Gedleyihlekisa Zuma is a South African politician who was the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and his clan name Msholozi.
Nkosazana Clarice Dlamini-Zuma, sometimes referred to by her initials NDZ, is a South African politician, doctor and anti-apartheid activist, currently serving as Minister of Cooperative Governance and Traditional Affairs. She was South Africa's Minister of Health from 1994 to 1999, under President Nelson Mandela, Minister of Foreign Affairs, under both President Thabo Mbeki and President Kgalema Motlanthe, Minister of Home Affairs in the first term of former President Jacob Zuma and Minister in the Presidency for the National Planning Commission for Policy and Evaluation under President Cyril Ramaphosa.
Phumzile Mlambo-Ngcuka is a South African politician and former United Nations official, who served as the Executive Director of UN Women with the rank of Under-Secretary-General of the United Nations.
Baleka Mbete is a South African politician who served as the Speaker of the National Assembly of South Africa from May 2014 to May 2019. She was previously Speaker of the National Assembly from 2004 to 2008, and Deputy President of South Africa from 2008 to 2009 under Kgalema Motlanthe. She was elected National Chairperson of the African National Congress in 2007 and re-elected in 2012 and served until 18 December 2017. On the 18th of December 2017, during the ANC's 54th conference, Gwede Mantashe was elected Mbete's successor as National Chairperson of the ANC.
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.
The National Key Points Act, 1980 is an act of the Parliament of South Africa that provides for the declaration and protection of sites of national strategic importance against sabotage, as determined by the Minister of Police since 2004 and the Minister of Defence before that. The act was designed during apartheid to secretly arrange protection primarily for privately owned strategic sites. It enables the government to compel private owners, as well as state-owned corporations, to safeguard such sites owned by them at their own cost. The act, still in force and unamended since apartheid, came under the spotlight after President Jacob Zuma's Nkandla homestead was declared a National Key Point in 2010 amid controversy over public expenditure on upgrades to the property. As of 2013, the act is officially under review.
Corruption in South Africa includes the improper use of public resources for private ends, including bribery and improper favouritism. The 2017 Transparency International Corruption Perceptions Index assigned South Africa a score of 43 out of 100, ranking South Africa 71 out of 180 countries. There was a marginal improvement by 2020, when South Africa received a score of 44, ranking it 69 out of 180 countries. Nonetheless, this remains below its score of 45 in 2016. Countries with scores below 50 are believed to have serious corruption problems.
Julius Sello Malema is a South African politician and activist who is a Member of Parliament and the President and Commander-in-Chief of the Economic Freedom Fighters, a South African political party, which he founded in July 2013. He previously served as President of the African National Congress Youth League from 2008 to 2012. Malema was a member of the African National Congress (ANC) from the age of nine until his expulsion from the party in April 2012 at the age of thirty-one. He rose to prominence as a supporter of ANC president, and later President of South Africa, Jacob Zuma. He was described by both Zuma and the Premier of Limpopo Province, Cassel Mathale, as the "future leader" of South Africa. Less favourable portraits paint him as a "reckless populist" with the potential to destabilise South Africa and to spark racial conflict.
Bhekokwakhe "Bheki" Hamilton Cele has been the South African Minister of Police since February 2018. He was National Commissioner of the South African Police Service for two years, until misconduct allegations led to his suspension in October 2011 and removal in June 2012. He has also served as Deputy Minister of Agriculture, Forestry and Fisheries, on the KwaZulu-Natal Executive Council, and in the KwaZulu-Natal Provincial Legislature. He is a member of the National Executive Committee of the African National Congress, and was imprisoned on Robben Island during apartheid.
Sicelo Shiceka was a South African politician.
General elections were held in South Africa on 7 May 2014, to elect a new National Assembly and new provincial legislatures in each province. It was the fifth election held in South Africa under conditions of universal adult suffrage since the end of the apartheid era in 1994, and also the first held since the death of Nelson Mandela. It was also the first time that South African expatriates were allowed to vote in a South African national election.
Events in the year 2013 in South Africa.
State capture is a type of systemic political corruption in which private interests significantly influence a state's decision-making processes to their own advantage.
Events in the year 2014 in South Africa.
The private home of former South African President Jacob Zuma, situated about 24 km (15 mi) south of the rural town of Nkandla in KwaZulu-Natal, commonly referred to as the Nkandla homestead has been the subject of considerable controversy. The use of public funds to make improvements to the compound, which were said to be for security reasons, which cost over R246 million led to significant media coverage and political opposition. A report of the Public Protector found that Zuma unduly benefited from these improvements and the Constitutional Court subsequently found that Zuma and the National Assembly failed to uphold the country's constitution after he failed to comply with the Public Protector's report on the matter. Zuma finally apologised for using public money to fund his private residence and in April 2016 he was asked to resign by prominent public figures, including anti-apartheid activist Ahmed Kathrada, due to the scandal. The controversy is sometimes referred to as Nkandlagate.
Azwihangwisi Faith Muthambi is the former Minister of Public Service and Administration and former Minister of Communications of South Africa.
At former South African President Jacob Zuma's Nkandla compound and private residence in South Africa, a swimming pool officially deemed to have a dual purpose as a "firepool" was constructed. It was claimed that the pool was built as a security feature and security upgrade, as a source of water for firefighting. A controversy surrounded the construction of the pool.
Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others  ZACC 11 is a major 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.
Hlaudi Motsoeneng is the leader of African Content Movement (ACM) who served as the acting Chief operating officer of the South African Broadcasting Corporation (SABC) from 2011 to 2013. Motsoeneng was removed from his position as Chief operating officer after it had been found that he lied about his qualifications. After being removed as acting Chief operating officer it was announced that Motsoeneng would move back to his previous position as Group Executive Editor of Provinces and Corporate Affairs of the SABC. In December 2016, the Western Cape High Court ruled that Motsoeneng's appointment as Group Executive was illegal and that he was "not entitled to occupy any position at the SABC".
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.
Advocate Kevin Sifiso Malunga was appointed by President Jacob Zuma as Deputy Public Protector on 10 December 2012 for a seven year term.