Tuesday, 21 June 2016

Who should be the new Public Protector?

The ad hoc committee charged with nominating a new Public Protector to succeed Thuli Madonsela on Wednesday agreed to invite public submissions once it has compiled a list of nominees. Photo: AFP / Gianluigi Guercia
JOHANNESBURG - Thuli Madonsela's term as the Public Protector wraps up at the end of October 2016. 
Described as a woman of great strength and moral standing, Madonsela has tackled several high profile cases, including the payments for non-security-related upgrades to President Jacob Zuma's Nkandla residence. 
She has had to juggle these, while still dealing with problems faced by ordinary South Africans. 
Who is the right person to take over from Madonsela?
Nominate your theoretical candidate, by participating in the Facebook poll below.

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What does it take to be Public Protector?
As one of the most important jobs in the country in terms of tackling corruption involving taxpayers money, the Public Protector’s primary job function, according to Parliament, is the following:
The Public Protector has the power to investigate any conduct in state affairs, or in the public administration, in any sphere of government that is alleged or suspected to be improper or to result in any impropriety or prejudice; to report on that conduct; and take appropriate remedial action.
According to the advert for the position these are some of the attributes a successful candidate needs to qualify:
The new Public Protector needs to:
a) be a South African citizen
b) be a high court judge or
c) be an advocate or attorney with at least 10 years experience or 10 years experience lecturing law or
d) have specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance
e) have been a member of Parliament for 10 years
f) have acquired any combination of experience mentioned in paragraphs (b) to (e), for a cumulative period of at least 10 years.
However the Public Protector also needs to have unwavering confidence and courage, in the face of public criticism from people in positions of power.
Below is a list of five occasions when Madonsela has been verbally attacked in public. Would your candidate be able to stand up to similar attacks and respond with the same dignity and courage the Public Protector has in the past?
24 March 2014 – ANCYL says “F**** Madonsela
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Beeld newspaper reported that the ANC youth league and members of the Congress of South African students (Cosas) verbally attacked Madonsela at a gathering near Brits in the North West.
Cosas secretary general Tshiamo Tsotetsi labelled Madonsela "that woman with the big, ugly nose."
The crowd, consisting mainly of National Union of Mineworkers (NUM) and ANC Majakaneng members, used vulgarities in expressing their anger at Madonsela.
"F***o*f Nkandla report, f***o*f", and "F***o*f Madonsela, f***o*f", the crowd shouted, according to Beeld newspaper.
Madonsela said she was not afraid.
“I really have empathy for these young people because they clearly don't know what their role in society is,” she said.

25 August 2014 –ANC chief whip said Madonsela’s letter was desperate
The Public Protector expressed "deep concern" over being accused, by the ANC, of undermining Parliament and not being neutral over the Nkandla issue.
ANC chief whip Stone Sizani called Madonsela’s letter to President Jacob Zuma "a desperate attempt to dictate terms to Parliament rather than respect parliamentary processes and its constitutional authority.”
Madonsela submitted a letter to the Presidency on 21 August over his response to her findings on the money spent on non-security related upgrades to his private Nkandla homestead.
The confidential letter was leaked to the media.
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The Public Protector responded to Sizani’s statement saying that the ANC should stop interfering and let her do her job.
"(The attempt is) in violation of Section 181(4) of the Constitution, which states that no person or organ of state may interfere with the functioning of institutions supporting democracy," Madonsela said.
She called on the ANC to respect the Constitution and allow her to execute her duties without fear or favour.

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