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A Toolkit for Community Media the Bua Mzansi Campaign

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A Toolkit for Community Media the Bua Mzansi Campaign A TOOLKIT FOR COMMUNITY MEDIA THE BUA MZANSI CAMPAIGN In 2016, Corruption Watch launched Bua Mzansi (Sesotho for ‘Speak up South Africa’), 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 good 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-apartheid 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
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