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Mkhwebane’s Achievements Since Taking Office

EXCERPTS FROM THE PUBLIC PROTECTOR’S PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON THE 2019/20 ANNUAL PERFORMANCE PLAN

“Since my arrival in office in October 2016, I have been entrusted with just under 50 000 complaints, 95% of which were bread and butter matters affecting the people at grassroots level. We finalised nearly 35 000 of those matters. I must add that the 2019/20 caseload is not included in these statistics.

  • Not all the matters that we finalise result in formal investigation reports, which explains why I have only put out just over 100 investigation reports in the two and half years I have been Public Protector. Of those reports, more than 70 remain unchallenged in court. The rest have been taken on review and we have successfully defended two.
  • Since the commencement of my tenure, a total of seven reports have been set aside on grounds of irrationality, unreasonableness and so forth. Only two of those were issued by me while the rest predate my incumbency.
  • Another important point to make is that this institution hardly had a problem of review applications against reports until the Constitutional Court ruled in March 2016 that the Public Protector’s remedial action is binding. Since then, the number of review applications has been on an upward trend. When I assumed office, there were already 16 such applications. • To date, up to 30 of reports I issued have been taken on review. Some of the cases are frivolous and it can be said that the applications made are merely to save face.
  • We have been on a drive to encourage organs of state to establish internal complaints units so as the manage the influx of complaints to us. That way we don’t do the public servants’ work but focus on systemic and own-initiative matters.
  • We have held to account administrations under the leadership of different political parties, national and provincial departments, municipalities, universities and other organs of state. We also held to account Ministers, Premiers and MECs, Mayors and officialdom.
  • Our approach remained the same. What happened? (a factual account of who did what etc.), what should have happened (the standards that ought to have been upheld such as policies, laws and the Constitution) and whether there is a discrepancy between the two. There is certainly room for improvement and we will redouble our efforts, working within our means, to get more done with less”. 

PP’s FULL submission to Parliament here 2019-20 APP Presentation to Parliament 10July2019

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