In South Africa, the Public Protector is one of six independent governmental organizations established by the country’s Constitution to uphold and safeguard democracy.
According to Section 181 of the Constitution, these institutions are self-governing and are only bound by the Constitution and the law. They must be neutral, according to the Constitution, and must exercise their authorities and fulfill their functions without fear, favor, or bias.
Other state organs must aid and defend these institutions through legislative and other means to ensure their independence, impartiality, dignity, and effectiveness.
No person or state organ may interfere with the operation of these institutions.
These institutions are accountable to the National Assembly and must report to it at least once a year on their activities and fulfillment of their tasks.
The Public Protector’s mandate is derived from the Public Protector Act of 1994. The Public Protector is one of six state institutions in South Africa that support democracy. These institutions are independent of the government, are bound only by the South African Constitution and the law, and report to Parliament on an annual basis.
The Public Protector Act’s preamble states, in part: “The Constitution of the Republic of South Africa… provides for the establishment of the office of Public Protector to investigate and protect the public against matters such as maladministration in connection with government affairs, improper conduct by a person performing a public function, improper acts with respect to public money, improper or unlawful enrichment of a person performing a public function, improper or unlawful enrichment of a person performing a public function, improper or unlawful enrichment of a person
The Act also empowers the Public Protector to direct other state institutions to take necessary corrective action in the event of any wrongdoing or prejudice committed by government.
Any aggrieved complainant may file a complaint with the office if the allegation comes within the jurisdiction of the Public Protector under Public Protector Act 23 of 1994. The Public Protector may conduct an investigation and take appropriate corrective action based on his or her findings.
The Public Prosecutor’s Roles
The powers of the Public Protector are governed by national law. The national legislature may also provide further powers. However, the office may not investigate judicial rulings. It accepts and investigates public-sector complaints. Among the functions are (but are not limited to):
The authority to investigate any inappropriate or biased action by the government or administration.
Their primary goal is to safeguard democracy and its citizens. They are regarded as a self-contained state institution.
They are required to report to the National Assembly (NA) at least once a year.
They safeguard and enforce constitutional rights.
Anyone may contact the public protector or file a complaint against government personnel who provide insufficient or corrupt services.
They do not handle complaints about the judiciary.
