Address by Public Protector Adv Thuli Madonsela to The National ...

that transparency must be fostered by providing thepublic with timely, accessible and accurate information.Such conduct constitutes maladministration.(cc)The Department admitted that it failed to deal with theComplainant’s company’s first and second applicationsin accordance with section 16(2)(a) and (b); section6(1); and section 17(a) and (b) of the Act, and suchfailure constitutes maladministration;(dd) The Department dealt with the Complainant’scompany’s third application and Isibaya MiningResources (Pty) Ltd’s application in the order in whichthey were received;(b) Was the Minister’s handling of the Complainant’scompany’s appeal improper?(aa)The Minister failed to afford the Complainant anopportunity to make representations regarding hiscompany’s appeal; and(bb)The Minister’s conduct in this regard violated section3(2)(b)(ii) of PAJA which provides for the right to beprovided with an opportunity to make representationsregarding administrative action. Such conductconstitutes maladministration.12