PUBLIC PROTECTOR AND THE INFO BILL
The Office of the ANC Chief Whip is pleased with the excellent work that Public Protector Thuli Madonsela has done thus far since her appointment to the position by the President on October 2009. She indeed continues to carry out her responsibilities with due diligence, fearlessness and professionalism as required by the Constitution. This has supported government's efforts in the battle against malfeasance and corruption and strengthened good governance, accountability and transparency.
We highly commend her for bringing great energy to this important office, which augurs well for the nation's continued confidence in our constitutional democracy. She continues to enjoy and inspire our confidence.
We are nevertheless concerned with the recent correspondence the Public Protector made to the Speaker of the National Assembly regarding the non-inclusion of the public interest defence clause in the final draft of the Protection of State Information Bill, which was passed by the National Assembly recently. The Public Protector's Office has also been quoted in the media expressing "concern" on the Bill and indicating that it would "investigate" absence of the public interest defence in the Bill if a complaint was made.
If media reports are correct, then the Public Protector appears to interfere in Parliament's legislative process by questioning and threatening to investigate the institution's legislative decisions. The action of the Public Protector worryingly implies that Parliament is accountable to the Office of the Public Procter, when in fact the opposite is true in terms of the Constitution.
In terms of Section 181 of the Constitution, all state institutions supporting Constitutional democracy, including the Office of the Public Protector, are accountable to Parliament. Section 8 of the Public Protector Act elaborates further on the question of accountability by stating that the Public Protector's Office must report to Parliament on its affairs annually or whenever it is required to do so by Parliament. In this regard, and if the media reports are anything to go by, the Public Protector's action is at odds with the Constitution and strongly suggests that she has overextended her authority.