Public Protector Kholeka Gcaleka on Tuesday that her office has submitted proposals to the Justice Department recommending legislative reforms to empower the institution and improve its effectiveness.
Gcaleka told the Cape Town Press Club that one proposed amendment would criminalise the failure to implement remedial action prescribed in the public protector’s reports.
“We are calling for the criminalisation of the non-implementation of the public protector’s remedial action. The courts, our Constitution is clear that we are not merely making recommendations but we are taking remedial actions, and that they should be implemented,” she said.
Gcaleka also said reforms should be made for the protection of whistle-blowers as the Protected Disclosures Act gave her office power to investigate protected disclosures.
“We don’t have power to call for protection or direct or call for legal assistance of whistle-blowers,” she said.
Gcaleka explained that her office also proposes distinguishing between the public protector as an individual and the institution itself as a juristic entity.
She noted that the current Public Protector Act lacks clarity on whether improper conduct applies to just the office-bearer or the institution as a whole.
“The report or work produced by the public protector is not a personal property of the person leading the institution, it is not (her or his) personal decisions but decisions of the institution,” she said.
Gcaleka told her audience that public trust in her would depend on the quality and integrity of the work her office produced.
“Any report that I sign is actually approved through the quality assurance team which has (the) COO, CEO and executive management of the institution.
“That mechanism remains in place to ensure checks and balances for me to take the final decision.”
Gcaleka also stated that the Public Protector Act stipulated that she was assisted in her duties and functions by the deputy public protector, CEO and the rest of the staff.
Answering a question on some mistakes she found at the Public Protector SA (PPSA) offices, Gcaleka said the institution did not take advice from court directives and lacked the ability to reflect on court judgments.
“We have signed a number of standard operating procedures and policies to make our work align with directives of court.”
Gcaleka also said the institution has embarked on a process of healing” and was supporting its employees, who were reportedly demoralised during the impeachment inquiry into her predecessor, advocate Busisiwe Mkhwebane.
“I am not going to lie. The institution was quite vulnerable. There is a lot of rebuilding that we had to do and we will continue.
“I am not going to say the institution is 100% properly functional,” she said, adding that she was encouraged that she was seeing energy, passion and difference in work done by the PPSA team.
Asked about how she would conduct herself before the oversight portfolio committee on the PPSA after DA MP Glynnis Breytenbach made remarks deemed sexist and racist by some when she was interviewed, Gcaleka said the comments were unfortunate.
“I found them unfortunate, especially at this stage of our democracy. I had to remind myself that we operate in a very complex environment.”
Gcaleka also said as the office bearer, her priority was to lead an institution that was independent, impartial and fair, and conducted itself in a manner not prejudicial against anyone and that was accountable to Parliament.
“In order for me to discharge those constitutional duties, I have to remove my personal feelings and know I have an institution to lead not for me but for the people of South Africa.”
Cape Times