A TOOLKIT FOR COMMUNITY MEDIA THE BUA MZANSI CAMPAIGN

In 2016, Corruption Watch launched Bua Mzansi (Sesotho for ‘Speak up ’), a nationwide public awareness campaign to highlight the upcoming appointment of a new public protector. The non-renewable seven-year term of our esteemed public protector, Advocate Thulisile Madonsela, ends on 19 October 2016. The aim of the Bua Mzansi campaign is to Corruption Watch is a non-profit organisation ensure that Advocate Madonsela’s replacement launched in January 2012. We rely on the public is appointed in a transparent manner and the to report corruption to us and we use these process is influenced by public opinion. reports as an important source of information to fight corruption and hold leaders accountable for their actions. We do this through: CAMPAIGN OBJECTIVES

Communication AWARENESS: our public awareness campaign We provide a secure platform for reporting will highlight the role of the Office of the Public corruption, for anyone to safely share their Protector, its functions and responsibilities, experiences and observations and to speak out as well as illustrate how the public can help to against corruption. Our communication channels nominate candidates for the position. include our website, call centre, WhatsApp PUBLIC PARTICIPATION: number, social media, email and post. we will create avenues for people to participate in the appointment of the new public protector through new media Investigation technologies and traditional mobilising methods. We investigate selected reports of alleged acts of corruption, in particular those that have the most TRANSPARENCY: we will campaign to ensure serious impact on our society. We submit our that candidates are properly vetted, that they are findings to the relevant authorities to take further qualified and suitable for the post, and that the action, and we monitor the progress of each entire process takes place in the public spotlight. case. We work with various media organisations to fully expose the corruption uncovered through Community media plays an important role our investigative work. in achieving vast public engagement around the appointment of the new public protector. Research Public participation is a cornerstone of South We gather and analyse information to identify Africa’s constitutional democracy and through patterns and hot spots of corruption. We prepare an awareness campaign, community media can ensure that the public is educated about research reports on these hot spots to expose the relevant procedures involved in appointing and find solutions to systemic corruption. a public protector and mobilise its various communities to participate in the upcoming Litigation and policy advocacy processes. We engage in select litigation and policy advocacy to strengthen the legal environment for fighting corruption.

Mobilisation We build campaigns that mobilise people to take a stand against corruption. Our campaigns involve the public, community groups and other Copyright © 2016 by Corruption Watch civil society organisations. Content production: Kavisha Pillay, Jayshree Pather Publication design: Imagenuity THE HISTORY OF THE OFFICE OF THE ROLES AND RESPONSIBILITIES What can the Public Protector investigate? PUBLIC PROTECTOR The Public Protector is tasked with investigating The Public Protector was set up in terms improper prejudice suffered by the complainant or During the multiparty negotiations that led to of South Africa’s Constitution to investigate another person, for example as a result of: the country’s first democratic election in 1994, it complaints against government agencies or • Abuse of power was decided that South Africa needed a Public officials. The Public Protector has wide-ranging • Unfair, capricious, discourteous or other Protector to establish and maintain efficient and powers, with jurisdiction over all organs of state, improper conduct proper public administration. any institution in which the state is the majority • Undue delay or controlling shareholder, and any public entity • The violation of a human right The Office of the Public Protector (OPP) was as defined in section one of the Public Finance • Any other decision taken, or situation brought established in terms of chapter nine of the Management Act (PFMA). about, by the authorities Constitution, which makes it one of the six state • Maladministration organs that support constitutional democracy. The Public Protector has the power to investigate • Dishonesty or improper dealings with respect The others are the Auditor-General (AG); the any level of government or public entity for to public money Independent Electoral Commission (IEC), the misconduct such as maladministration, abuse of • Improper enrichment; and South African Human Rights Commission power, unfair conduct and unlawful enrichment, • Receipt of improper advantage. (SAHRC), the Commission for Gender Equality and any breach of the ethics code that applies (CGE), and the Commission for the Protection of to the executive branch of government. This What won’t the Public Protector investigate? the Rights of Cultural, Religious and Linguistic mandate makes the Office of the Public Protector Complaints outside of the Public Protector’s Communities. a crucial corruption-fighting body in the public mandate include: sector as it aims to ensure that the government • Judgments by judges and magistrates, These institutions are independent of fulfils its mandate without fear, favour, or including sentences imposed by them government, subject only to the Constitution and prejudice. • Private acts by individuals the law, and report annually to Parliament.The • Private companies; and Public Protector is an independent and impartial Who can the Public Protector investigate? • Doctors or lawyers who are not working for the institution that is meant to provide a check on the The Public Protector is independent of state. other branches of government (the executive, the government or political parties and can judiciary, and the legislature) in order to increase investigate: South Africa’s Public Protector has extensive their accountability and responsibility to the • Government at any level. This includes central powers of investigation and can conduct public. The public protector is independent of and provincial government, state departments investigations on his or her own initiative – government and any political party. No person or and local authorities. although this must happen within the framework organ of state may interfere with the functioning • Any person performing a public function. This of the Public Protector’s jurisdiction, as found in of the public protector’s office. includes anyone performing any official duty the Constitution and the law. The public protector which affects South Africans, for example a may also report, and has the power to take The Constitution regulates the appointment state employee such as a policeman or an appropriate remedial action. It is noteworthy that of the public protector, and protects the public electoral officer. no other chapter nine institutions have this power. protector against arbitrary removal from office • Corporations or companies where the state is by requiring the support of a “super-majority” involved, for example Eskom and Telkom. (60%) in Parliament before the public protector • Statutory councils, for example the Human can be removed. The public protector serves a Sciences Research Council or the Council for non-renewable term of seven years. Scientific and Industrial Research.

4 5 SNAPSHOT OF SOUTH AFRICA’S PUBLIC PROTECTORS

SELBY BAQWA 1995 - 2002 LAWRENCE MUSHWANA 2002 – 2009

In 1995, Nelson Mandela appointed Selby Baqwa Although Baqwa built a firm foundation for the Lawrence Mushwana was appointed public Several cases show Mushwana’s alleged bias as South Africa’s first public protector. OPP, his bias towards certain individuals in the protector in 2002 by former president Thabo towards certain ANC leaders. In 2004, he governing party damaged the credibility of the Mbeki. deemed the appointment of Robert McBride as His qualifications include a B luris from the institution in its early days. A example the Ekurhuleni Metro police chief as above board, University of Fort Hare, an LLB from the is the first major corruption controversy in He obtained a B Iuris degree from the University despite the fact that McBride was unsuitable for University of Pretoria and a Masters in Business post- South Africa that emerged of South Africa. He also attended the University the post and did not have the relevant experience Administration from De Montfort University in when tendering processes were flouted in the of Zululand where he obtained two legal diplomas and qualifications. the United Kingdom. production of the musical Sarafina II. and later an LLB degree. The impression of soft findings continued with Baqwa has been praised for his contribution His appointment was met with public criticism the 2005 Oilgate scandal involving the then to establishing the OPP and raising awareness In 1996 (during the Mandela administration), because opposition parties were concerned that deputy president Phumzile Mlambo-Ngcuka. of the institution, its mandate and services. In then minister of health, Nkosazana Dlamini- he would be biased towards the ANC (he had Mushwana was investigating allegations that his term, Baqwa established regional offices Zuma, was accused of misusing public funds previously served as deputy chairperson in the Mlambo-Ngcuka (while she was minister of in all nine provinces with a staff complement and misleading Parliament, and the Public National Council of Provinces) and that would minerals and energy) had influenced Petro SA of over 200 employees. Baqwa also expanded Protector was called on to investigate. Baqwa taint the independence of the OPP. Despite these to advance payment to a private firm, Imvume the investigative skills capacity of his staff and came under scrutiny for placing the blame on concerns, Mushwana received the 60% vote Management, and that Imvume had made initiated an outreach programme that sent a mid-level official in order to shield Dlamini- needed in the National Assembly and he was payments to a company that belonged to her investigators into various communities to raise Zuma from any serious consequences. For more subsequently appointed as the second public brother. This created a conflict of interest. awareness about the OPP and its functions. information on Selby Baqwa’s term in office visit protector. www.corruptionwatch.org.za Mushwana’s report found that the OPP could Mushwana significantly expanded Baqwa’s and needed to do nothing about this outrageous outreach programme and provincial offices abuse. A court subsequently ordered the began sending two investigators into small towns Public Protector to undertake a full and proper and townships up to four days a week. He has investigation. For information about Lawrence also been credited for creating remedial actions Mushwana’s term as public protector, visit for investigations. www.corruptionwatch.org.za

6 7 members of the governing party for her Other high-profile cases the Public Protector has report. In one extreme instance she was handled include the dismissal of as even accused of being a CIA spy. During the national police commissioner in 2012. A report by Constitutional Court hearing Zuma’s lawyers the Public Protector found that he was involved in conceded that he was bound by the findings improper conduct and maladministration when of the Public Protector. This was a vindication the police entered into a R500-million lease for a for Madonsela and a very important victory building in Pretoria. Gwen Mahlangu-Nkabinde, for the OPP and the country’s democracy. the minister of public works at the time, was also accused of maladministration and lost her position These unique powers show the importance of the in a 2011 Cabinet reshuffle. For information Public Protector. This importance is not just about on Thuli Madonsela’s term in office, visit the individual holding office (although this can www.corruptionwatch.org.za obviously make a big difference), but rather about the Public Protector as an on-going, permanent institution that plays a crucial role in making sure that public power is exercised properly.

THULI MADONSELA 2009 – 2016 Two important rulings have confirmed the power and scope of the Public Protector during Public protector Thuli Madonsela ends her term Madonsela’s term: in October after seven years as the head of the institution. She is best known for her prominent • The Supreme Court of Appeal held that the corruption investigations, which have led to findings made by the Public Protector cannot major court cases and the dismissal of high- be ignored (unless they are later set aside by a profile politicians. court in a review process) in the case between the Democratic Alliance vs. the SABC in She graduated with a BA in Law from the 2015. It also ruled that other institutions also University of Swaziland in 1987, and an LLB from cannot put in place a parallel process to the the University of the Witwatersrand in 1990. In Public Protector’s investigation, and then 2015, Thuli Madonsela was awarded an honorary claim that the findings of their processes Doctor of Laws degree from the University of trump the findings of the Public Protector. Stellenbosch. She was further awarded another honorary doctorate in law from the University of • On 31 March 2016 the highest court in the Cape Town. land, the Constitutional Court, found that the rulings of the Public Protector were binding Her legacy will undoubtly be prominently and could only be set aside upon judicial associated with her Secure in Comfort report review. The court declared the actions taken which found that President Jacob Zuma had by the president and the National Assembly unduly benefited from upgrades to his Nkandla as inconsistent with the Constitution and residence that were not security-related. invalid, and ordered the National Treasury to quantify the amount the president must Her findings prompted opposition parties to personally repay to the fiscus as a result adopt the slogan “pay back the money”, arguably of non-security related features at his one of the most popular slogans in South African homestead in Nkandla. This was after two politics during Zuma’s second term. Long after years of denials that the president was she leaves office Madonsela will be linked with bound by the report or was required to pay the epic saga of Nkandlagate. back anything as well as fierce attacks by

8 9 RADIO DISCUSSIONS AND VOX POPS The appointment process is led by a committee THE PROCESS OF APPOINTMENT of Parliament that reflects the proportional 1. The Office of the Public Protector has been in representation of all political parties in the In May 2016, Parliament established an ad hoc committee to appoint a new public protector. existence for 21 years. Has it been effective in National Assembly. About six months before the The committee consists of the following members: its mandate as an anti-corruption institution? appointment is to be made, Parliament issues a public notice calling for applications/nominations 2. At a community level, has the OPP been African National Congress Economic Freedom Fighters for the post of public protector. accessible to the needs of the community? Makhosi Busisiwe Khoza (Chairperson) Julius Sello Malema 3. What are the issues that affect your Bongani Thomas Bongo community that need the Public Protector’s The nominated candidates are shortlisted and Nkosiyakhe Amos Masondo attention? public interviews of the applicants begin. The Nicolaas Jacobus Janse Van Rensburg Christian Themba Msimang 4. Have you reported any issues to the OPP? committee then recommends a candidate and Koornhof What has been your experience? forwards a name to the National Assembly. Grace Kekulu Tseke African Christian Democratic Party 5. Lawrence Mushwana’s political affiliation The National Assembly votes on the candidate Madipoane Refiloe Moremadi Mothapo Steve Swart tainted the independence of the OPP. Does recommended by the committee, who must Patrick Maesela (Alternate) the new public protector need to be free of receive a 60% majority vote. The recommended political allegiance in order to safeguard candidate’s name is then forwarded to the Democratic Alliance Sibusiso Christopher Mncwabe (Alternate) the institution? What additional safeguards president, who makes the appointment. Glynnis Breytenbach / mechanisms need to be put in place to Phumzile Thelma Van Damme ensure the independence of the OPP? REQUIREMENTS NEEDED TO (Alternate) 6. Thuli Madonsela’s term in office focused on BE APPOINTED AS THE PUBLIC (Alternate) many high-profile cases such as the Nkandla saga and issues at state-owned entities PROTECTOR like the SABC, PRASA and the Post Office. In terms of section 1A (3) of the Public Protector However many feel that the real bread and RADIO DISCUSSIONS AND VOX POPS Act, the public protector is required to have butter issues that cripple our society have certain qualifications or work experience: 1. Do you think being a Member of Parliament, Public Protector Act and the Constitution, and gone unnoticed. What type of issues should as stipulated in the Public Protector Act, is has decided to publish the names and CVs of the next public protector focus on? The candidate must be a South African citizen a sufficient requirement to be considered for all the candidates who apply for the position, who is fit and proper to hold such office, and who - the position of public protector? How will this as well as allow for a time period where the APPOINTING A NEW PUBLIC 1. Is a judge of a high court; or affect the independence of the institution? public can comment on these names. Do you PROTECTOR 2. Is admitted as an advocate or an attorney 2. The current ad hoc committee established think the public can influence the decision on and has, for a cumulative period of at least to appoint the new public protector has who is appointed as public protector? Should In terms of the Constitution (Chapter 9), the 10 years after having been so admitted, allowed for extended public participation similar provisions be made when appointing public protector is appointed by the president of practised as an advocate or an attorney; or in the appointment process. Traditionally, other individuals to high profile positions? the country, based on the recommendation of the 3. Is qualified to be admitted as an advocate or public involvement was only permitted when 3. What questions are important when National Assembly. The public protector must be an attorney and has, for a cumulative period nominating candidates for the post. The interviewing potential public protectors? a South African citizen who is suitably qualified of at least 10 years after having so qualified, committee has decided to go over and above and has a reputation for honesty and integrity. lectured in law at a university; or the procedural requirements stipulated in the 4. Has specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance; or 5. Has, for a cumulative period of at least 10 years, been a member of Parliament; or 6. Has acquired any combination of experience mentioned in paragraphs (1) to (5) for a cumulative period of at least 10 years.

10 11 3 June – 24 June 27 June - 1 July Advertisement calling for nominations / The committee will publish the long list applications is published. It will run for three of names and provide the public with the weeks in print and broadcast mediums. opportunity to comment on and/or object The public have the opportunity to apply / to candidates nominate suitable candidates.

THE PARLIAMENTARY PROCESS

31 August 10 August 11 July - 15 July The committee will present its report Shortlisted candidates will be The committee will convene to to the National Assembly, nominating publicly interviewed discuss and shortlist candidates a candidate for the position 14 15 OFFICE OF THE PUBLIC PROTECTOR CONTACT DETAILS

National Office KwaZulu-Natal Limpopo Provincial Provincial Adv Mlandeli Nkosi Adv George Mashaba Matimolane Office of the Public Protector representative representative Private Bag X677 Postal Address 22nd Floor Pretoria Suite 2114, 18A Landros Mare street Physical address Physical address 0001 Commercial City Building Polokwane Durban 175 Lunnon Street Physical Address Hillcrest Office Park P O Box 4267 P O Box 4533 0083 Postal address Durban Postal address Polokwane 4000 0070 Toll Free Number 0800 11 20 40 (015) 295 5712 (012) 366 7108 Telephone numbers (031) 307 5300/5250/5251 Telephone numbers (015) 295 5699 Public Protector contact details [email protected] (015) 295 5956 Email [email protected] Email [email protected] (012) 366 7116 Deputy Public Protector [email protected] Fax (031) 307 2424 Fax (015) 295 2870 Media enquiries [email protected] Free State Northern Cape Provincial Provincial Mr Sphelo Samuel Mr Mlungisi Khanya representative representative Provincial Offices 4 Sydney Street Suit Office 2nd Floor Pretmax Building Gauteng Mpumalanga Standard Bank House Physical address Physical address 2nd & 3rd Floor 15 West Burger Street Provincial Provincial Kimberley Ms Winnie Manyathela Mr Botromia Sithole Bloemfontein representative representative 8300 Lara’s Place P O Box 383 P O Box 1505 187 Bree Street Pinnacle Building Postal address Bloemfontein Postal address Kimberley Corner Bree and Rissik Suite 101 9300 8300 Physical address Physical address Street 1 Parkin Street (051) 448 6185 Johannesburg Nelspruit Telephone numbers Telephone numbers (053) 831 7766/8325381/2 (051) 448 6172 2000 Email [email protected] Email [email protected] P O Box 32738 P O Box 3373 Postal address Braamfontein Postal address Nelspruit Fax (051) 448 6070 Fax (053) 832 3404 2017 1200 Eastern Cape (011) 492 2807 Telephone numbers Telephone numbers (013) 752 8543 (011) 492 2493 Provincial Ms Nomsa Mthwakazi representative Thomas Email [email protected] Email [email protected] Unathi House Fax (011) 492 2365 Fax (013) 752 7883 Physical address Independent Avenue, Bisho North West Western Cape Behind Pick’n Pay P O Box 1400 Provincial Provincial Mr Sechele Keebine Ms Sune Griessel Postal address Bisho representative representative 5605 Public Protector’s Chambers 4th Floor Telephone numbers C/o Martin & Robinson (040) 635 1286/7/1145/1126 Physical address Physical address 51 Wale Street/Bree Street Streets Cape Town Email [email protected] Mafikeng Fax (040) 635 1291 P O Box 512 P.O. Box 712 Postal address Mafikeng Postal address Cape Town 2745 8000 Telephone numbers (018) 381 1060/1/2 Telephone numbers (021) 423 8644 Email [email protected] Email [email protected] Fax (018) 381 2066 Fax (021) 423 8708

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