Address by President Cyril Ramaphosa at the Public Protector SA - 30th Anniversary International Conference

Programme Director,
Public Protector of the Republic of South Africa, Adv Kholeka Gcaleka,
Deputy Minister of Justice and Constitutional Development, Mr Andries Nel,
Executive Mayor of the City of Cape Town, Cllr Geordin Hill-Lewis,
Members of Parliament,
Former Public Protectors,
Members of the Judiciary and Magistracy,
Ombudspersons, mediators and anti-corruption institutions from across the world,
Representatives of the legal fraternity and academia,
Distinguished guests,
Ladies and gentlemen,

Good Evening.

It is an honour and a privilege to be here to celebrate thirty remarkable years of the Office of the Public Protector, a symbol of the endurance of our constitutional order.

The Office of the Public Protector was enshrined in the Constitution to fulfil a number of vital purposes which i would like to allude to in a while.

The Office of the Public Protector has played a vital part in the revolutionary act of fundamentally changing the relationship between the citizens and the state.

As a country, we aspire to a society where government and national institutions treat citizens justly and with compassion, always and in all their affairs.

In reflecting on our Constitution, the late Chief Justice Ismail Mahomed wrote:

“All Constitutions seek to articulate, with differing degrees of intensity and detail, the shared aspirations of a nation; the values which bind its people and which discipline its government and its national institutions;… and the moral and ethical direction which the nation has identified for its future.”

Yet, in pursuit of that future, in pursuit of those shared aspirations, we know that failings can occur. Power can be misused and abused.

Public institutions and public officials can neglect the needs of those they are meant to serve.

When they do, they have to be held accountable. The deficiency needs to be remedied.

That is why we need the guardians. We need those institutions that will safeguard the vision of a South Africa that is equal, united, democratic, prosperous and free.

We need those institutions that ensure that the exercise of state power is restrained by law and rooted in accountability.

When the Chapter 9 institutions came into being, the drafters of our Constitution were clear in their intent and formulation.

They were clear that those institutions would be given substantial powers and a great responsibility to support and strengthen constitutional democracy.

They would be given a mandate to operate without fear, favour or prejudice.

The Office of the Public Protector was envisioned as, and remains, the moral mirror of the state. The public protector is that guardian of the public interest, a shield for the citizen against state excess, and a key mechanism for ensuring that the government serves the people, not the other way around. Its effectiveness is often a key indicator of the health of a nation's democracy.

The Public Protector is responsible for setting a standard for governance and service delivery that is the right of every South African man, woman and child.

Over the past 30 years, the Office of the Public Protector has been the pride of our constitutional order.

This is so because the public protector has fulfilled many roles but I want to single out five of its important roles:

Firstly, the real cornerstone of the public protector role is to uphold accountability and the rule of law. The executive as in the president, ministers, departments and officials wield significant power. The public protector provides a crucial check on this power ensuring it is exercised legally, fairly, and without corruption. The other role of the PP is to investigate actions or decisions by government bodies that are unlawful, unreasonable, unfair, or otherwise improper. This could include delays, bias, negligence, or not following proper procedures.

Secondly, the public protector strengthens democracy and good governance. A healthy democracy requires more than just elections; it requires ongoing oversight.

The PP promotes ethical conduct by exposing corruption, nepotism, and unethical behaviour through this the Public Protector helps to foster a culture of integrity within the public service. Consequently the PP through investigations and recommendations to changes, making them more efficient thus making government more transparent, and responsive to the public's needs.

Thirdly the PP protects the human rights of the citizens of our country. Many complaints brought to the Public Protector involve the violation of socio-economic rights.

When a citizen is denied a social grant, their housing application is unfairly rejected, or they receive poor service from a state-owned enterprise, they may not have the resources to sue the government. The Public Protector provides a free and accessible avenue for seeking redress. This the office ensures that all citizens are treated fairly and equitably by the state machinery.

Fourthly, The role of the PP gives a voice to the voiceless. As a free service, the PP is accessible to the poorest and most vulnerable members of society who would otherwise have no recourse against a powerful state institution.

When citizens see that there is an independent body that can hold the government to account, it helps to restore and maintain public trust in democratic institutions, which is essential for social stability.

Fifthly, the PP acts as an Agent of Social Justice.

The Public Protector often tackles issues that have a broad impact on society. Investigates systemic Issues. While they handle individual complaints, their work often uncovers widespread problems affecting many people. Their reports can lead to policy changes that benefit the entire population.

The PP’s office Holds the Powerful to Account. The office has the authority to investigate the highest levels of government, including presidents, ministers, and senior officials, demonstrating that no one is immune from scrutiny.

These roles remind us that a Constitution only has worth if the rights of the weakest and most vulnerable are defended as much as those of the strong.

The PP’s work often that take place far from the glare of the cameras, into the systems that are failing victims of gender-based violence and into the bureaucratic failures that are holding back our people’s chances of leading lives of dignity.

The Office of the Public Protector, commands great influence – the public’s trust.

The Public Protector stands with the people, and for this, the people trust this office.

The PP is seen as impartial and independent.

In State vs Glenister, the Constitutional Court held that “public confidence in mechanisms that are designed to secure independence is indispensable.”

If government creates an institution that does not appear, from a reasonable person’s point of view, to be independent, it has failed to meet a critical benchmark.

That is why we all carry a responsibility to both safeguard the independence of the Office of the Public Protector and affirm the binding nature of its remedial action.

We know that as much as the influence of the Office of the Public Protector lies in the faith it inspires, budgets do matter.

The Office of the Public Protector, like most public bodies, faces challenges of capacity and resources.

The institution needs both capacity and resources to keep people’s faith in it alive.

We have been able to direct additional funds to the baseline of the budget of the Public Protector and use funds from the Criminal Asset Recovery Account. This is part of our commitment to ensure the institution is independent and that it has the capacity and capability to prevent corruption.

Over 30 years, the Office of the Public Protector has forged a bond with the citizens of this country.

At the same time, it has forged relationships with institutions across the arms of state and throughout society.

It has sought to promote cooperation and collaboration, understanding that an efficient, effective and ethical state is an aspiration that we all share and a responsibility that we all have to carry.

It is essential for all organs of state to see the Public Protector as a partner in serving the people of this country.

It is true that all organs of state and all public officials must abide by and enforce the Public Protector’s remedial action. But they must do more. They must support the Office of the Public Protector in its work and must create awareness about its role.

The Public Protector has also built strong relations – and shares best practice – with its counterparts in other parts of the African continent and across the world.

It is a matter of great pride that the OR Tambo Minimum Standards for Effective Ombudsman Institutions were adopted here in South Africa, and that these standards prioritise the independence and autonomy of such institutions.

The Office of the Public Protector has been working tirelessly for the past 30 years towards a future where no citizen would need to ever knock on its door needing help.

This office does not seek power or influence. It seeks change.

It seeks a better government, better laws, better regulations and a better society.

As we mark this milestone, we extend our thanks to all the Public Protectors and Deputy Public Protectors who have served our democratic nation.

We thank the staff of the Office of the Public Protector for their resilience and integrity even during difficult times.

As the Office of the Public Protector enters the next era in its remarkable existence, on behalf of all South Africans, we wish it well, we wish it strength and we assure all those who work within it of our abiding support and appreciation.

I thank you.