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Public Protector Thuli Madonsela faced questions about her salary during the meeting. Photo: Masi Losi
Ruling party MPs on Wednesday suggested the public protector's salary may be reviewed and capped as Thuli Madonsela earned more than most judges.
The chairperson of Parliament's portfolio committee on justice, Luwellyn Landers, made it plain that Madonsela's salary could not be reduced while she was in the post, but said MPs may amend the law to limit the remuneration of her eventual successor.
Madonsela appeared before the committee to plead the case for giving her deputy an increase, but soon found herself grilled over her own pay - now at R1.789-million - in a tense three-hour meeting.
The protector earns the same salary as provincial premiers and judges at the Supreme Court of Appeal and Constitutional Court.
ANC MP John Jeffery asked why this was the case and claimed that, if one included an annual gratuity of more than R1-million, she earned more than the chief justice.
“Can we just look at the public protector's salary?” he asked.
“Where does your contention come from that the public protector's package is linked to that of an appeal court judge? And what is this gratuity and where does it come from?”
“The intention of Parliament when it passed the legislation was remuneration ‘on a par with a high court judge' and not any other judge.”
Madonsela protested: “I think, Honourable Jeffery, you have ambushed me because I did not know my own package was going to be under discussion and I have not reflected on that.”
She corrected his reading of the Public Protector's Act, saying it stipulated that the office's salary should be “no less” than that of a high court judge.
It was last reviewed during the term of her predecessor Lawrence Mushwana and was at that point pegged against the pay of an appeal court judge.
The gratuity is paid out in lieu of a pension at the end of the protector's seven-year term, Madonsela explained, and firmly denied getting paid more than the chief justice.
“I don't believe that I am paid a cent more than a judge of the SCA or the Constitutional Court.”
Madonsela and Jeffery clashed on several further points.
He rejected her understanding that the committee agreed last year to adjust the deputy public protector's salary, saying it may have made sympathetic noises at most.
When Madonsela requested the minutes of the meeting where the matter was discussed, she was told there were none.
Jeffery said her work was different to that of a judge and suggested that perhaps she ought to be benchmarked, instead, against the less well-paid heads of other chapter nine institutions.
“You do write reports, but it is not the same as a court judgment and you don't sit and hear cases. So that is the problem with benchmarking.”
The chairperson of the Human Rights Commission earned little more half of what she did, he said.
“I do think a review is necessary, because these disparities are quite great.”
Landers then told MPs: “I would like you to think whether the act may need to be amended. The question is should there be a ceiling or a cap?
“I was a member of this committee when we drafted this legislation and approved it. My sense is that we now have unintended consequences.
“I am saying this to you in your presence, please don't take it personally advocate Madonsela, we now have a situation where you earn the same as a judge of the SCA and some members of the committee are saying: 'Is that correct? Was that the intention of the legislature?' I believe not.”
He said the committee would review the deputy public protector's pay, but it seems unlikely it will heed Madonsela's request to backdate an increase to 2005 when Mamiki Shai was appointed.
Lawmakers queried Madonsela's argument that it was wrong that her deputy earned a third less than she did.
They also questioned Mushwana's unilateral decision to move the deputy up one level on the salary scale, nearly doubling her pay, without seeking Parliament's approval.
“The Auditor General said nothing about it so we must assume it is fine, but it has left some of us very uncomfortable,” Landers said. - Sapa
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kat Verster, wrote
Lionel Madonsela is doing a darn good job. If she starts her own private practice as advocate, she can probably double her salary
Lionel, wrote
This is a prime example of how we as citizens have become so accustomed to mediocrity since the ANC came to power. Just because someone is doing their job as one would expect and earning a whack at the same time, now some a calling for the Public Protector to be paid even more. Come on people, have we got to a stage where people have to paid even more, just to do their job. Post 1994 and excessive salary packages for incompetency. Now even higher excessive packages have to be offered just to obtain any form of competency. No wonder why the governments salary bill is increasing at an alarmimg rate year on year.
Anonymous, wrote
Fire her, wrote
Anonymous, wrote
This lady deserves the respect of every clear thinking tax paying South African. Perhaps she should get a percentage of every rand that is recovered during her investiagations. The ANC has gone from palookas to fat a...d fat cats. Wonder why Weighless is not marketing their weight programmes in the Parliament?
kat Verster, wrote
Who is this John Jeffrey anyway, to question Madonsela? Does anybody know about him or his achievements?
Go Thuli, wrote
At least she doesnt behave like our president and wake up in the morning, open the curtains and say “What a lovely day, I wonder how much I can loot for the tax payers on this fine day”. At least we don't pay for her 300 husbands, fat nephew etc too. And Zuma is the highest paid president in the world! I mean besides the billions him and his clan steal.
kat Verster, wrote
A good advocate earns thousands per hour. The valuable work that Madonsela is doing for this country is worth trillions
Rick, wrote
Thuli, you deserve every cent you make, and as a white South African I am proud to have you in this prestigious position. You are a role model for all South Africans, and if your pay was doubled, I would still agree you are worth every cent. Keep up the good work, and show us South Africans what a true uncompromising leader is made of. God bless you Thuli
Jakkals, wrote
JennN - What does she do with that salary? The idea behind a salary like that is to keep the most competent and skilled person. People with her skills and knowledge makes just as much, if not more, in corporate or private companies. Take note, its for the most competent and skilled people it's meant for, not the majority of public servants who earns salaries they simply not deserve.
Anonymous, wrote
Leave Thuli alone. She has more integrity in her little fonger than all her colleagues put together. We have a president who's nephew stands accused of questionable activities regarding Aurora Mine, what has Zuma done about that? Nothing! Thuli's son took her car without permission - what did she do about that? She did the responsible thing and did not try and cover it up. Seems to me, her peers would do well to emulate her ethics - if this country is to have any chance at all of coming through these difficult times.
Lesirela Letsebe_Mogorwane, wrote
All the sober-minded will agree that the "paid too much” conundrum is self-created by those who make it, and only comes now after it has become clear that the Public Protector is a friend to no other than the terms of her mandate as an incumbent. The guys are playing a 'surprised' game on a salary and benefits of the Public Protector that they themselves set and agreed with her upon her appointment. Her problem, so it seems, is that she fearlessly bites the feeding hands hard! Thuli, luckily we have labour laws and labour courts in the country and you know, as they too do, that they cannot unilaterally change your conditions of employment without facing consequences, ne? So let the hallabaloo and dust settle itself without an effort from you. After all, what wories the moon when the dog barks, wou wou, yai yai, wei wei?
Anonymous, wrote
As a tax-paying and law-abiding citizen, I feel I'm getting my money's worth from Madonsela doing her job. She's a public servant, delivering the service! The ruling party should rather strive to equal or better her performance of service-delivery before they complain.
Anonymous, wrote
Gee, wrote
This woman is worth every cent she is paid. Its Jefferys salary which should be under scrutiny, what does that weasel do to earn his money?
joe, wrote
zia, wrote
Hell give her 5 million, this is a woman of steel and rocks, she does her work without fear or favor and with an honest heart. What about those people who just take from the taxpayers money and chow it with their families without lifting a finger? What about the Gondongwanas who took the union's money and made it disappears within asix month. MEC's are eating for free and someone who works so hard is being told she is paid too much? The ANC hace put Limpopo unders administration but they haven't gathered enough courage to tell it Primier to quite because of drowning the province down the mud? Sies man.
Anonymous, wrote
Thuli Madonsela is being underpaid for what she has achieved and will no doubt achieve in the future. If anyone has ever deserved and worked for a salary it is her!! Well done Thuli, you are an inspiration and we love you.
Anonymous, wrote
They can take the salary that the MP's get for doing nothing and give it to her as well. At least she works for her money unlike most of the uneducated MP's.
Anonymous, wrote
Forget Thuli, did you know that president Zuma is the highest paid president in the world, yes in the world, more than the USA or England and what does he do to earn this besides steal, lie, cheat and corrupt and defend and hide his cadres that do the same. Thuli does her job, she saves us billions from the likes of Zuma and his enterprise. Hands off Thuli you b*****ds!
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