The Public Protector represents citizens and watches over the activities of government officials to stop them from abusing their powers. The Public Protector is an independent official and is accountable to the constitution. Public Protector officials must act in a transparent way and must send a report of their activities and findings to parliament at least once a year.

The government appoints the national public protector but each province can also have their own public protector that falls under the national office.

HOW IS THE PUBLIC PROTECTOR APPOINTED?

A parliamentary committee consisting of members from each political party in parliament nominates someone to be the public protector. The national assembly and the national council of provinces then approve the nominations. The public protector will stay in office for 7 years, but they can be removed from this position by the president on grounds of misbehaviour, incapacity or incompetence.

A provincial public protector is appointed by the provincial premier in consultation with the national public protector. The person who is nominated must be approved by a two-thirds majority of the provincial legislature.

THE FUNCTIONS OF THE PUBLIC PROTECTOR

These include:

• To investigate complaints about any of the following:
• Poor administration of government
• Government officials who abuse their powers
• Improper conduct of public officials
• Corruption of public funds by public officials
• Any act or omission (something that has not been done) by public officials that results in prejudice to a citizen
• To resolve disputes
• To refer matters to other agencies, for example, the Attorney General, to prosecute the person who is guilty of any misconduct

WHAT CAN THE PUBLIC PROTECTOR DO?

The Public Protector has the power to do the following:

• Order a person to attend a hearing
• Order a person to give evidence or produce any document
• Enter a person’s home or a workplace if this is necessary for an investigation

A person who is being investigated by the Public Protector has the right to give their side of the story and to be represented at the hearing.

MAKING A COMPLAINT TO THE PUBLIC PROTECTOR

Any person can make a complaint to the public protector. If you want to make a complaint, you must make an oral or written statement saying:

• What the complaint is about, including the nature of the complaint and its background and history
• Why the Public Protector must investigate the complaint
• The steps you have taken to solve the complaint yourself. You should mention names, dates and what was said. Copies of any correspondence between you and the officials should be attached to your letter of complaint
• Any other information that may be relevant to the case
• Your postal address and a telephone number where you can be reached

You can write or ask someone to write on your behalf. You can also phone the Public Protector’s office and report your complaint. Complaints can also be lodged at visiting points and workshops conducted by the office. Visiting points are areas that have been identified for the purpose of conducting interviews with complainants, and they are found in all provinces. Visiting points are serviced at least once a month.

Use any of the following contacts to make a complaint:

• Email: registration2@pprotect.org
• Telephone: 012 362 3473
• Toll-free:  0800 112 040

The services of the Public Protector are free.