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

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“Our freedom can never be complete or our democracy stable unless thebasic needs of our people are met.”My team and I believe that if we tackle maladministration effectively ourachievements regarding the delivery of a descent life for all the people ofthis country would be significantly accelerated. Our stakeholder dialoguefor 2013 and related public hearings are informed by that understanding.We are specifically focussing on the impact of maladministration onending poverty and ensuring access to quality health care services witha view to speeding delivery on Millennium Development Goals.We are reporting on four cases today and giving you feedback onmatters in the pipeline.The main report titled, “Pipes to nowhere” relates to our investigationinto allegations of maladministration at Nala Municipality. I will start withshort summaries of the other three reports before giving you a fulleroverview of the Nala report.(i)“Fair Pay” is a report of the Public Protector, issued in terms ofsection 182(1)(b) of the Constitution of the Republic of South Africa,1996 (the Constitution) and section 8(1) of the Public Protector Act,1994 (the Public Protector Act).(ii) The report communicates the Public Protector’s findings anddirectives on appropriate remedial action following an investigationinto a complaint lodged by Mr SW Chauke on 6 July 2011 allegingunfair dismissal and subsequent deduction of a departmental debtby the Gauteng Department of Education from his pension benefit.2
The allegation pertaining to unfair dismissal was not considered bythe Public Protector as it was previously adjudicated on by a courtof law. The GPAA did not deny making the deduction, leaving theissue to be determined as being the propriety of the deduction. Atthe time that the investigation took place the capital amount hadbeen refunded.(iii) The Public Protector considered and investigated the followingissues:(a) Did the deduction of R7 317.81 from the Complainant’s pensionbenefit, without his consent, amount to maladministration?(b) Was the Complainant entitled to a refund of such deductiontogether with interest?(iv) The investigation was conducted by way of telephonic and writtencorrespondence with officials at the Gauteng Department ofEducation (the GDE) and the Government Pensions AdministrationAgency (the GPAA) and the perusal of documents received.Applicable legislation, policies and relevant prescripts were alsoanalysed and applied. Subsequent to the provisional report beingissued a meeting was held with the Complainant regarding theprovisional findings made.3
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Page 7 and 8: issued, a meeting was held with the
Page 9 and 10: (d) Was the Complainant prejudiced
Page 11 and 12: September 2005 which was rejected a
Page 13 and 14: (c) Did the Complainant suffer prej
Page 15 and 16: (c) Alleged incomplete and non-oper
Page 17 and 18: Phase 3 tender. This is in contrave
Page 19 and 20: escalated enormously. The conduct w
Page 21 and 22: sustainable services are not delive
Page 23 and 24: municipality or municipal entity, a
Page 25 and 26: Municipality’s payroll section. E
Page 28: (a)The Municipal Manager should ens
Page 31 and 32: (ii) The Speaker of the Nala Local

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

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