PARLIAMENT SUPPORTS INSTITUTIONS SUPPORTING DEMOCRACY
Parliament, Friday 7 August 2015 - The Public Protector chose to address the National Assembly (NA) and its Speaker through the media instead of arranging direct engagement with Parliament. The reason offered for this unprecedented move to address the NA and its Speaker is not consistent with the Constitution, the Public Protector Act and democratic practices which we are used to.
It is regrettable that the subject matter of the briefing is a matter which is currently before an ad hoc committee legitimately established by a resolution of the NA in performance of its Constitutional obligations. The unfortunate impression created is that the NA is malicious in dealing with matters that fall within its Constitutional mandate and that its sole intention is to discredit the Office of the Public Protector.
Parliament reaffirms its support for all institutions supporting democracy as they are partners in ensuring observance of the founding principles of our Constitution of accountability, openness and responsiveness.
In terms of section 181 of the Constitution, institutions supporting democracy, of which the Public Protector is one, are accountable to the NA and must report on their activities and the performance of their functions to the NA at least once a year. This is reinforced by section 8 of the Public Protector Act which also requires the Public Protector to table reports in the National Council of Provinces.
The assertion that the NA, by performing its Constitutional functions of considering a report on the matter once investigated by the Public Protector, is acting in contempt of the Public Protector is incorrect and simply flies in the face of the Public Protector Act. Parliament finds it ironic that the Public Protector in her media briefing referred to the Constitution and the Public Protector Act but chose to flagrantly disregard them.