DOCSLIB.ORG

Department of Justice and Constitutional Development Annual Report 2011/2012

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Department of Justice and Constitutional Development Annual Report 2011/2012 Department of Justice and Constitutional Development Annual Report 2011/12 Minister Jeffrey Thamsanqa Radebe, MP Minister of Justice and Constitutional Development I have the honour of submitting this annual report of the Department of Justice and Constitutional Development for the period 1 April 2011 to 31 March 2012. Ms Nonkululeko Sindane Accounting Officer 31 August 2012 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT - 2011/12 ANNUAL REPORT I The Constitution is the supreme law of the land. Let justice be administered without fear, favour or prejudice. II 2011/12 ANNUAL REPORT - DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT TABLE OF CONTENTS PART 1 GENERAL INFORMATION ............................................................................................1 1.1 Vision ...........................................................................................................................1 1.2 Mission .......................................................................................................................1 1.3 Values and principles ..................................................................................................1 1.4 Organisational structure ............................................................................................2 1.5 Legislative mandate ....................................................................................................4 1.6 Entities reporting to the Minister ..............................................................................5 1.7 Minister’s Foreword ....................................................................................................7 1.8 Accounting Officer’s Overview ................................................................................10 PART 2 INFORMATION ON PRE-DETERMINED OBJECTIVES .................................................13 2.1 Overall performance .................................................................................................13 2.2 Programme performance .........................................................................................27 PART 3 ANNUAL FINANCIAL STATEMENTS FOR THE DEPARTMENT ....................................74 3.1 Report of the Audit Committee ...............................................................................76 3.2 Report of the Accounting Officer ............................................................................78 3.3 Report of the Auditor-General .................................................................................95 3.4 Appropriation Statement .........................................................................................99 3.5 Notes to the Appropriation Statement .................................................................112 3.6 Statement of Financial Performance .....................................................................113 3.7 Statement of Financial Position .............................................................................114 3.8 Statement of Changes in Net Assets .....................................................................115 3.9 Cash Flow Statement ..............................................................................................116 3.10 Notes to the Annual Financial Statements (including Accounting Policies) .......117 3.11 Disclosures Notes to the Annual Financial Statements ........................................133 3.12 Annexures................................................................................................................143 3.13 CARA Annual Report ..............................................................................................153 PART 4 HUMAN RESOURCE MANAGEMENT .......................................................................176 PART 5 ACRONYMS ..............................................................................................................224 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT - 2011/12 ANNUAL REPORT III “Children’s interests remain our priority as enjoined by the constitution, which is why poverty is never an excuse for any violation or neglect of children.” Minister Jeff Radebe, Minister of Justice and Constitutional Development. IV 2011/12 ANNUAL REPORT - DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Part 1 GENERAL INFORMATION 1.1 VISION UBUNTU A transformed and accessible justice system, which The department upholds human dignity and ensures promotes and protects social justice, fundamental equal opportunities and fairness in its interactions in human rights and freedom. order to ignite a spirit of trust and unity. The department promotes tolerance and respect for the diversity of its employees and the people of this country and draws 1.2 MISSION strength from such diversity. We commit to providing transparent, responsive and accountable justice for all. PROFESSIONALISM AND CONTINUOUS IMPROVEMENT The department recognises that people are its most 1.3 VALUES AND PRINCIPLES important resource for accomplishing its mission and is committed to the professional development, self- COMMITMENT TO CONSTITUTIONAL VALUES AND actualisation and personal wellbeing of all employees. A CULTURE OF HUMAN RIGHTS The department recognises the need for continuous The department recognises the supremacy of the improvement and rewards all committed efforts to Constitution and the rule of law and applies all laws improve the quality of its services. fairly and uniformly to ensure human dignity, the achievement of equality and the advancement of TRANSPARENCY human rights and freedom, non-racialism and non- The department communicates and shares information sexism for all in South Africa. openly with all relevant stakeholders in order to ensure participative and informed decision-making. BATHO PELE The department aims to provide quality services to both its internal and external customers by meeting and exceeding their needs and expectations. GOOD GOVERNANCE The department adheres to high standards of ethical behaviour that are transparent and promote accountability, based on sound internal controls. The department is committed to serve as an effective and responsible steward of the taxpayers’ resources that are entrusted to it. The department is results-driven and efficient in conducting its business. The department measures and reports on progress in pursuit of its goals. DEPARTMENTDEPARTMENT OF OF JUSTICE JUSTICE AND AND CONSTITUTIONAL CONSTITUTIONAL DEVELOPMENT DEVELOPMENT - 2011/12- 2011/12 ANNUAL ANNUAL REPORT REPORT 1 1.4 ORGANISATIONAL STRUCTURE Mr JT Radebe MINISTER Mr AC Nel DEPUTY MINISTER Ms TN Sindane Dr K de Wee DIRECTOR-GENERAL CHIEF OPERATIONS OFFICER Adv S Jiyane Mr L Basset Mr E Daniels Ms K Pillay DEPUTY DIRECTOR-GENERAL: ACTING DEPUTY DIRECTOR-GENERAL: CHIEF STATE ACTING CHIEF COURT SERVICES LEGISLATIVE DEVELOPMENT LAW ADVISOR LITIGATION OFFICER 2 2011/12 ANNUAL REPORT - DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT “The Constitution is South Africa’s fundamental vision statement, which guides our policies and actions. We re-affirm our commitment to advance the ideals of our country’s Constitution at all times.” - President Zuma Adv L Basson Dr K de Wee Mr J Johnson (Vacant) CHIEF MASTER ACTING DEPUTY DIRECTOR-GENERAL: ACTING CHIEF DEPUTY DIRECTOR-GENERAL: CORPORATE SERVICES FINANCIAL OFFICER CONSTITUTION DEVELOPMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT - 2011/12 ANNUAL REPORT 3 1.5 LEGISLATIVE MANDATE he department’s mandate, deriving from the iv. Legislation providing for the establishment Constitution, is twofold. It seeks to provide and functioning of bodies responsible for Ta framework for the effective and efficient legal aid, law reform and rule-making (the administration of justice, and it seeks to promote Legal Aid Act of 1969, the South African Law constitutional development through legislation Reform Commission Act of 1973 and the and programmes that advance and sustain Rules Board for Courts of Law Act of 1985). constitutionalism and the rule of law. It also seeks to provide an enabling environment for the judiciary and v. Legislation providing for the appointment constitutional institutions to exercise their constitutional of Masters of the High Courts and the powers and functions freely and independently. administration of the Guardian’s Fund and deceased and insolvent estates The department derives its statutory mandate from (the Administration of Estates Act of various statutes and subordinate legislation. The 1985 and the Insolvency Act of 1936). following are categories of functions, emanating from different legislative instruments, which are relevant to vi. Legislation regulating the provisioning the department: of legal advisory services to government departments (the State Attorneys Act of 1957). i. Legislation providing for the establishment vii. Legislation relating to the promotion, and functioning of the superior courts, protection and enforcement of certain human magistrates’ courts and special courts rights (the Promotion of Administrative (the Constitutional Court Complementary Justice Act of 2000, the Promotion of Act of 1995, the Supreme Court Act of Access to Information Act of 2000, and 1959, the Magistrates’ Courts Act of 1944 the Promotion of Equality and Prevention and the Small Claims Court Act of 1984). of Unfair Discrimination Act of 2000). ii. Legislation providing for the appointment viii. Legislation pertaining to the protection of judges and other judicial officers, their of vulnerable groups (the
Load more

Recommended publications
  • Assessing the Performance of South Africa's Constitution
    Assessing the Performance of South Africa’s Constitution Chapter 6. The Performance of Chapter 9 Institutions Andrew Konstant © 2016 International Institute for Democracy and Electoral Assistance This is an unedited extract from a report for International IDEA by the South African Institute for Advanced Constitutional, Public, Human Rights and International Law, a Centre of the University of Johannesburg. An abridged version of the report is available for download as an International IDEA Discussion Paper: <http://www.idea.int/resources/analysis/assessing-the-performance-of-the-south-african-constitution.cfm>. Chapter 6. The Performance of Chapter 9 Institutions Andrew Konstant 6.1. Introduction The purpose of this Chapter is to consider the performance of a unique set of institutions that were set up in terms of Chapter 9 of the South African Constitution in order to support and enhance democracy and fundamental rights. The place of these institutions within the structure of government is discussed as well as their role and key goals. The focus of the chapter will be on the Public Protector, an institution set up to engage with improper conduct of organs of state; the South African Human Rights Commission, whose task is to advance the protection of fundamental rights in South African society and the Independent Electoral Commission whose task is to manage elections and ensure they are free and fair. The design and functioning of these institutions will be evaluated against a set of overarching goals they are meant to realise as well as their own specific functions. Our analysis shows that these institutions have played a vital role in advancing the goals of the South African constitution though features of their design and performance could be enhanced in ways that are detailed in the chapter.
    [Show full text]
  • Powers of the Public Protector: Are Its Findings and Recommendations Legally Binding?
    POWERS OF THE PUBLIC PROTECTOR: ARE ITS FINDINGS AND RECOMMENDATIONS LEGALLY BINDING? by MOLEFHI SOLOMON PHOREGO 27312837 Submitted in partial fulfilment of the requirements for the degree: Master of Laws (LLM Research): Public Law Study Leader: Professor Danie Brand Department of Public Law, University of Pretoria November 2017 TABLE OF CONTENTS SUMMARY………………………………………………………………………………………………………………….vi ACKNOWLEDGEMENTS……………………………………………………………………….........................vii CHAPTER 1 Introduction…..…………………………………………………………………………………………………………..1 The Public Protector as a Chapter Nine Institution………………………………………………………1 Research problem………………………………………………………………………………………………………..2 Aims and objectives of study……………………………………………………………………………………….3 Research Methodology………………………………………………………………………………………………..3 Research Questions………………………………………………………………………………………………………4 Limitations…………………………………………………………………………………………………………………….4 Chapter Outline……………………………………………………………………………………………………………..4 CHAPTER 2 CONSTITUTIONAL AND STATUTORY PROVISIONS GOVERNING THE OPERATIONS OF THE OFFICE OF THE PUBLIC PROTECTOR Introduction……………………………………………………………………………………………………………….6 The Constitutional provisions……………………………………………………………………………………..7 Meaning of “Appropriate remedial action’ as contained in the Constitution….…………..11 STATUTORY PROVISIONS REGULATING THE OFFICE OF THE PUBLIC PROTECTOR……...10 Section 6 of the Public Protector Act………………………………………………………………………….12 i Section 7 of the Public Protector Act………………………………………………………………………….17 Section 8 of the Public Protector Act………………………………………………………………………….19
    [Show full text]
  • ELEVEN Financing the ANC: Chancellor House, Eskom and the Dilemmas of Party finance Reform
    F INANCING THE ANC ELEVEN Financing the ANC: Chancellor House, Eskom and the dilemmas of party finance reform Zwelethu Jolobe On 8 April 2010 the World Bank approved a US$3.75 billion loan to help South Africa achieve a reliable source of electricity supply. The loan, the World Bank’s largest lending engagement with South Africa since the end of apartheid, was provided to South Africa’s state-owned power utility, Eskom, and was brought about by the circumstances surrounding South Africa’s energy crisis of 2007–8, and the global financial crisis that exposed South Africa’s vulnerability to an energy shock and accompanying severe economic consequences. Named the Eskom Investment Support Project (the Eskom Project), the World Bank loan will co-finance the completion of the 4800MW Medupi coal-fired power station (US$3.05 billion), the piloting for a utility-scale 100MW wind-power project in Sere and a 100MW concentrated solar-power project with storage in Upington (US$260 million), and low-energy efficient components, including a railway to transport coal with fewer greenhouse gas emissions.1 According to Ruth Kagia, the World Bank country director for South Africa, the Eskom project offers the World Bank an opportunity to ‘strengthen its partnership with the government of South Africa’. This, according to Vijay Iyer, the World Bank energy sector manager 201 001314 Paying for Politics.indb 201 2010/09/23 3:03 PM P AYING FOR POLITICS for Africa, is the ‘biggest grid-connected renewable energy venture in any developing country’.2 The project received strong political support from South Africa.
    [Show full text]
  • Thuli Madonsela Citation
    CITATION: THULI MADONSELA Advocate Thulisile Madonsela was born in Johannesburg in 1962 and grew up in Soweto. Her parents, Bafana and Nomasonto, were traders and sent her to Evelyn Baring High School in Nhlangano, Swaziland, from where her family originates. After school, she worked as an assistant teacher from 1980 to 1983. Between 1984 and 1987 she worked as a legal and education officer at the Paper Printing Wood & Allied Workers Union, whilst also studying for a BA in law at the University of Swaziland. After graduating with a BA in 1987, she went on to complete an LLB at the University of the Witwatersrand in 1990. In 1992, Madonsela joined the Centre for Applied Legal Studies at Wits University as a Ford Foundation intern and then joined its Gender Research Project from 1993 to 1995. These were exciting times to be at CALS and Madonsela was particularly involved in labour law issues and in working with women in trade unions, as well as constitutional issues. Indeed, she was to forfeit a Harvard scholarship to remain engaged in South Africa on constitutional issues. She was appointed as a Technical Advisor of the Theme Committees in the Constitutional Assembly working on different aspects of the 1996 Constitution. She was also a member of a Task Team that prepared constitutional inputs for the Gauteng Province of the African National Congress, and presented the final constitutional document at the African National Congress' Gauteng Constitutional Conference in 1995. After 1994, Madonsela set up her own company to work on issues of gender and the law.
    [Show full text]
  • IN the CONSTITUTIONAL COURT of SOUTH AFRICA Case No: CCT143/15 and CCT171/15
    IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA Case no.: CCT 143/15 In the matter between: THE ECONOMIC FREEDOM FIGHTERS Applicant and THE SPEAKER OF THE NATIONAL ASSEMBLY, First respondent REPUBLIC OF SOUTH AFRICA PRESIDENT JACOB GEDLEYIHLEKISA ZUMA Second respondent THE PUBLIC PROTECTOR Third respondent APPLICANT’S WRITTEN SUBMISSIONS 2 Table of Contents INTRODUCTION.................................................................................................................... 3 EXCLUSIVE JURISDICTION: SECTION 167(4)(E) ......................................................... 5 First level: the crucial political question test ..................................................................... 8 Second level: agent-specific test ...................................................................................... 14 Third level: Parliament and the President are inseparable ............................................... 16 THE PUBLIC PROTECTOR’S REPORT AND THE PRESIDENT’S REACTION .... 17 UNFULFILLED CONSTITUTIONAL OBLIGATIONS .................................................. 28 The President: The Supreme Upholder and Protector of The Constitution ..................... 29 Parliament: Duty to Hold the National Executive Accountable ...................................... 39 FURTHER, PROCEDURAL ARGUMENTS OF THE PRESIDENT ............................. 41 Non-joinder ...................................................................................................................... 41 Prematurity ......................................................................................................................
    [Show full text]
  • Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector
    NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 7 Judicial Independence and the Transition to Democracy January 2016 Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector TSELISO THIPANYANE Chief Executive Officer at the Safer South Africa Foundation Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation TSELISO THIPANYANE, Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Tseliso Thipanyane Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector 60 N.Y.L. Sch. L. Rev. 125 (2015–2016) ABOUT THE AUTHOR: Tseliso Thipanyane is the Chief Executive Officer at the Safer South Africa Foundation; an independent consultant on human rights, democracy, and good governance; former adjunct Lecturer-in-Law at Columbia Law School; and former Chief Executive Officer of the South African Human Rights Commission. www.nylslawreview.com 125 STRENGTHENING CONSTITUTIONAL DEMOCRACY NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 Human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments.1 I.
    [Show full text]
  • Accountability and the Role of Independent Constitutional Institutions in South Africa’S Post-Apartheid Constitutions
    NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 8 Judicial Independence and the Transition to Democracy January 2016 Accountability and the Role of Independent Constitutional Institutions in South Africa’s Post-Apartheid Constitutions HEINZ KLUG Professor of Law at the University of Wisconsin and an Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand in Johannesburg, South Africa. Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation HEINZ KLUG, Accountability and the Role of Independent Constitutional Institutions in South Africa’s Post- Apartheid Constitutions, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Heinz Klug Accountability and the Role of Independent Constitutional Institutions in South Africa’s Post-Apartheid Constitutions 60 N.Y.L. Sch. L. Rev. 153 (2015–2016) ABOUT THE AUTHOR: Heinz Klug is Evjue-Bascom Professor of Law at the University of Wisconsin and an Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand in Johannesburg, South Africa. Part of this article was originally presented as a keynote address entitled “Poverty, Good Governance and Achieving the Constitution’s Promise,” at the Good Governance Conference in Pretoria, South Africa in October 2013.
    [Show full text]
  • Nkandla-Judgement.Pdf
    The Nkandla Judgment: Nkandla, the President and the Public Protector Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11 1 Nkandla: the private residence of Jacob Zuma, situate in a rural area of KwaZulu- Natal, South Africa. The President: Jacob Zuma (or JZ). In 1994 the first post-apartheid democratic elections were held. Nelson Mandela was elected as the first post-apartheid president of Republic of South Africa 2, succeeded by Thabo Mbeki, then Jacob Zuma. The President “is the first citizen of this country and occupies a position indispensable for the effective governance of our democratic country. Only upon him has the constitutional obligation to uphold, defend and respect the Constitution as the supreme law of the Republic been expressly imposed” 3. The Public Protector: Thuli Madonsela, appointed in terms of the Constitution of the Republic of South Africa (“the Constitution”) 4. The Background: When inaugurated as President of the RSA, security upgrades were required to Nkandla, the private residence of Jacob Zuma. Nkandla is a homestead 5 in rural KwaZulu-Natal, his birthplace. The renovations and improvements effected to Nkandla were luxurious, and included a visitors’ centre, an amphitheatre, a cattle kraal, a chicken run and a swimming pool (the latter justified as a “fire pool”). Criticism of the extent and cost of the “security upgrades” dogged the President 6. Complaints to the Public Protector, Thuli Madonsela, “of improper conduct or irregular expenditure relating to the security upgrades at the Nkandla private residence of the President of the Republic” 7, obliged her to conduct an investigation.
    [Show full text]
  • The Public Protector Vs the Independent Electoral Commission
    JICLT Journal of International Commercial Law and Technology Vol. 10, No.1 (2015) The brewing tug-of war between South Africa‘s Chapter 9 ,nstitutions: The Public Protector vs the Independent Electoral Commission Nomthandazo Ntlama* Abstract: The release of the 3ublic 3rotector‘s final report on the allegations of maladministration against the chairperson of the Independent Electoral Commission has put under the microscope the development of the principles of the rule of law within the context of the powers and functions of these institutions in furthering the objectives of the new constitutional dispensation. It generated debates on whether these institutions are fulfilling their duty of promoting constitutional democracy or are at each other‘s throats. These debates rests on the interrelationship that exist between the principle of accountability and the legitimate role that is played by the institutions themselves in ensuring the proper and effective strengthening of South Africa‘s democracy. The deEates also focus on the government‘s commitment to the advancement of the rule of law in the regulation of state authority.………………………………… Against this background, this paper examines the application of the principle of the rule of law within the framework of Chapter 9 institutions with particular reference to the Public Protector and the Independent Electoral Commission. Such undertaking is motivated by the recent release of the report as indicated above which reinforced the objective of having estaElished the ”anti-corruption and ethical institutions in Eringing aEout good governance‘ who subsequently Eecame emEroiled in a —cat-fight“ over the legitimacy of their powers. The intention is not to analyse the constitutional status or history of these institutions but rather on the factors that have the potential to compromise their integrity and legitimacy in upholding the principles of the rule of law as foundational values of the new dispensation.
    [Show full text]
  • Public Protector South Africa Annual Performance Plan 2020-2021
    PUBLIC PROTECTOR SOUTH AFRICA ANNUAL PERFORMANCE PLAN 2020-2021 PUBLIC PROTECTOR VISION 2023 TAKING THE SERVICES OF THE PUBLIC PROTECTOR TO THE GRASSROOTS PUBLIC PROTECTOR SOUTH AFRICA ANNUAL PERFORMANCE PLAN 2020-2021 STATEMENT BY THE EXECUTIVE AUTHORITY I am pleased to present the Public Protector Annual Performance Plan (APP) 2020/21. The plan is an extension of the Strategic Plan we have adopted for the period 2020-2025. It continues on the path of previous APPs, which sought to breathe life into the constitutional and legislative mandates of the Public Protector through what we call the Public Protector Vision 2023. The vision is a detailed plan through which we seek to take the services of this institution to the grassroots. It is underpinned by eight pillars, namely enhancing access to our services; engaging targeted communities in vernacular; expanding our footprint; and leveraging stakeholder relations, formalising those relationships in Memoranda of Understanding. Other pillars include empowering people to understand their rights; projecting an image of a safe haven for the downtrodden; encouraging organs of state to establish effective internal complaints resolution units; and ultimately turning communities into being their own liberators. As can be seen in performance indicators and targets, we want to resolve complaints within stipulated turnaround times, issue a specific number of investigation reports in a year, dispose of backlog cases, deal with systemic bottlenecks which stand in the way of the delivery of quality public services and good governance as well as engage in interventionist dialogues with problematic organs of state. We also want to be more accessible to those that need our services the most as can be seen in our outreach indicators and targets.
    [Show full text]
  • Public Protector Fearless Defender of Ethical Conduct – a Seven-Year Campaign
    Public Protector Fearless defender of ethical conduct – A seven-year campaign C Thornhill School of Public Management and Administration University of Pretoria South Africa ABSTRACT An article entitled ‘The role of the Public Protector: case studies in public accountability’ was published by the author in the African Journal of Public Affairs, 4(2), September 2011. That article focused on some cases that illustrate the nature and extent of the role the Public Protector in identifying and making findings on significant cases of corrupt practices and maladministration. The current Public Protector, Advocate Thuli Madonsela, is now at the end of her seven-year non-renewable appointment. It is apposite to review her contribution to promoting ethical conduct and enforcing public accountability. A single article cannot do justice to all 150 reports produced during her term of office to prove the value of the Public Protector in the South African public sector. Instead, the article presents a desktop analysis of selected reports by the Public Protector, on cases involving the national, provincial and local spheres of government. The legislation relevant to the cases is discussed, in addition to the handling of the reports by the government and Parliament and the Constitutional Court’s ruling on the incumbent’s powers. The Nkandla case, also called Secure in comfort, epitomises the careful research, deliberation, findings and constitutional status of the Public Protector in the South African system of democratic government. INTRODUCTION Public administration and management consist of a number of functions that need to be performed to facilitate the delivery of services by public (and private) institutions.
    [Show full text]
  • Twenty Years of South African Democracy
    Twenty years of South African democracy Citizen views of human rights, governance and the political system by Susan Booysen i Contents List of tables .................................................................................................................................................. v List of diagrams ............................................................................................................................................. v Acronyms ..................................................................................................................................................... vi Abbreviations and colloquial and commercial terms used in the narratives ............................................. vii Distribution of focus groups by province ....................................................................................................viii Executive Summary ................................................................................................................................... 1 Section 1: Introduction: objectives, methodology, analysis and political context .................................... 4 1.1 Introduction and objectives of the study ............................................................................................ 4 1.2 Methodology and implementation of the study ................................................................................ 4 1.3 Use of quotations in this report .........................................................................................................
    [Show full text]