(1) The Public Protector has the power, as regulated by national legislation— (a) 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; Chapter 9: State Institutions supporting ...
What are the functions of Public Protector?
The Constitution of the Republic of South Africa ... provides for the establishment of the office of Public Protector to investigate matters and to protect the public against matters such as maladministration in connection with the affairs of government, improper conduct by a person performing a public function, ...
What are the functions of the Public Protector in Zambia?
The Public Protector is an independent constitutional office that receives, considers, investigates and resolves any complaint that may arise out of an action or decision that is taken or omitted by a public institution or public official in the performance or execution of an administrative function.
What role does Public Protector play in accountability?
By holding government accountable through its remedial actions , the Public Protector ensures that its’ role is consonant with the purpose of political accountability, which is to hold accountable, government and or organs of state for their actions and or omission.
What is Public Protector Act?
The Constitution requires the Public Protector to investigate all complaints or allegations of improper conduct by public officials and public office bearers and take remedial action . ... Like all Chapter 9 institutions, the Public Protector is independent and subject only to the Constitution and the law.
What are the powers and functions of the commission?
- investigate and evaluate the application of personnel and public administration practices, and report to the relevant executive authority and legislature;
- investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies;
How do you become a public protector?
- is a Judge of a High Court; or.
- is admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having been so admitted, practised as an advocate or an attorney; or.
How does the Public Protector strengthen democracy?
The mission of the Public Protector is to strengthen constitutional democracy in pursuit of its constitutional mandate by investigating, rectifying and redressing any improper or prejudicial conduct in state affairs and resolving related disputes through mediation, conciliation, negotiation and other measures to ensure ...
Who is responsible for the dismissal of the Public Protector?
(8) The Public Protector may be removed from office by the President , but only on the grounds of misbehaviour, incapacity or incompetence, determined by a joint committee of the Houses of Parliament, composed as provided in subsection (2) (a), and upon receipt of an address from both the National Assembly and the ...
How does the auditor general protect the rights of the citizens of South Africa?
The Auditor-General South Africa (AGSA) conducts regularity audits of national and provincial government departments , identified public entities, municipalities and municipal entities (its clients or auditees). ... Ultimately, AGSA’s work empowers citizens to hold the custodians of public resources accountable.
Who can lodge a complaint to the Public Protector?
You can e-mail your complaint to [email protected] or fax it to 021 949 3196. If you want to complain about a member of a government department, you should contact the Public Protector. Anyone can complain to the Public Protector, who will then investigate the complaint.
How does the CGE protect citizens against gender based violence?
The CGE’s functions include: monitoring and evaluating the policies and practices of government, the private sector and other organisations to ensure that they promote and protect gender equality; public education and information; reviewing existing and upcoming legislation from a gender perspective; investigating ...
Who can the Public Protector not investigate?
(3) The Public Protector may not investigate court decisions. (4) The Public Protector must be accessible to all persons and communities .
What is the main function of the Public Service Commission?
The Commission’s functions are to: promote the constitutionally prescribed values and principles governing public administration in the public service; investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service ; propose measures to ensure effective and ...
What are 3 primary functions of the CHR?
- Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
- Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
What are the three major functions of our commission of human rights?
The commission was created as an independent office mandated to investigate complaints of human rights violations, promote the protection of, respect for and the enhancements of the people’s human rights including civil and political rights .
Who is the public protector 2020?
Public Protector Advocate Busisiwe Mkhwebane . The Public Protector needs a further R76 million over the next three years. The office has been underfunded, and like other corruption busting agencies, had its budgets slashed. The Office of the Public Protector obtained its second consecutive clean audit in 2020/21.
Is a Public Protector an ombudsman?
Described by our Supreme Court of Appeal as a “watchdog”, the Public Protector is also often compared to an ombudsman . ... The origins of our Public Protector can be found in the pre-constitutional structure of an ombudsman known as the Advocate-General, established in 1979.
What are the objectives of municipality in local government?
A municipality must— (a) structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community , and to promote the social and economic development of the community; and (b) participate in national and provincial development programmes.
How do I contact the Public Protector?
- http://www.publicprotector.org.
- Email: [email protected]
- Private Bag X677, PRETORIA, 0001.
- Hillcrest Office Park, 175 Lunnon Street, Brooklyn, PRETORIA.
- 012 366 7112. 012 336 7000. ...
- 012 362 3473.
- National Government Directory: Independent Constitutional Bodies [ Chapter 9 ]
Are the recommendation of the Public Protector binding?
How binding are the findings of the Public Protector? In 2016, the Constitutional Court ruled in no uncertain terms that the remedial action recommended by the Public Protector was binding and should be implemented.
What is the government doing to ensure that human rights are protected?
The Government has all the power and infrastructure such as the constitution , the judiciary, the police, etc. to do this. The Government in India is taking all the measures to protect human rights. Wherever, any violation has happened, the Government has taken action and the offenders were brought to justice.
Is the NPA a Chapter 9 institutions?
Chapter Nine Institutions refer to a group of organisations established in terms of Chapter 9 of the South African Constitution to guard democracy. The institutions are: the Public Protector . the South African Human Rights Commission (SAHRC)
Who is South Africa Auditor General?
The Auditor-General | AGSA
Ms Tsakani Maluleke is South Africa’s auditor-general, the first woman to hold this position in the supreme audit institution’s 109-year history. She was also the first female deputy auditor-general.
What is the purpose of Chapter 9 institutions?
The role of the Chapter 9s as institutions making government answerable and exerting “cooperative” control is also evident when one looks at the work of the CGE or the HRC. They are intended to investigate the implementation of rights and engage with government and, particularly, Parliament.
What are functions of Auditor General?
The Auditor General is required by law to examine and report annually to Parliament on the accounts of Ministries, Departments, Regional Health Authorities , Regional Corporations and such State Controlled Enterprises and Statutory Boards for which the Auditor General is the statutory auditor.
Which laws protect citizens from human rights violation?
Human rights are legislatively protected by: ... the Bill of Rights , which is contained in Chapter 2 of the Constitution of the Republic of South Africa 1996.
Which body is the watchdog body of the public service?
Public Service Commission
This is a watchdog body to monitor the composition and efficiency of the state bureaucracy. Public servants are formally appointed by the Public Service Commission which sets their job descriptions, salary levels, service conditions and the guidelines for carrying out their work.
Which laws protect human rights violations in South Africa?
The Human Rights Commission is mandated by the South African Constitution and the Human Rights Commission Act of 1994 , to monitor, both pro-actively and by way of complaints brought before it, violations of human rights and seeking redress for such violations. It also has an educational role.
What are the functions of Auditor General of the Federation?
(1) The Auditor General shall examine, inquire into and audit the accounts of all accounting officers and receivers of revenue and all persons entrusted with the assessment of, collection, receipt, custody, issue of payment of public moneys, or with the receipt, custody, issue, sale, transfer or delivery of any stamps, ...
What is the responsibility of the audit Service Corporation?
The role of Audit Service Corporation is to contribute to the strengthning of accountability and good governance in the management of public resources by providing independent and objectve audit and related services to public sector organizations.
What organization fights for human rights in South Africa?
The mission of the South African Human Rights Commission (SAHRC) , as the independent national human rights institution, is to support constitutional democracy through promoting, protecting and monitoring the attainment of everyone’s human rights in South Africa without fear, favour or prejudice.
What human rights are violated in South Africa?
- Excessive use of force. ...
- Gender-based violence. ...
- Sexual and reproductive rights. ...
- Refugees, asylum-seekers and migrants. ...
- Right to truth, justice and reparation. ...
- Right to health. ...
- Right to education. ...
- Right to water.
How does the domestic violence Act protect citizens against human rights violations?
It makes provision for protection orders and obliges the police to reasonably interfere in instances of domestic violence . What it fails to do is prescribe the ambit of reasonable interference and provide assistance for the interim period which lapses before the perpetrator is scheduled to be heard in court.
What is the purpose of the domestic violence Act?
This act defines domestic violence as an attack against someone by any other person with whom that they are presently, or have been in a domestic relationship. It also provides protection for victims of domestic violence and seeks to punish the perpetrators of such crimes .
What gender equality means?
Gender equality is when people of all genders have equal rights, responsibilities and opportunities . ... Gender equality prevents violence against women and girls. It’s essential for economic prosperity. Societies that value women and men as equal are safer and healthier. Gender equality is a human right.
What are the functions of public administration in South Africa?
- communicating information from and about Government and other information to communities in an accessible way.
- providing feedback to Government regarding community experiences of service delivery and governance.
What are the functions of public service in Nigeria?
- It advices in the formulation of the policies of government.
- It implements government policies.
- It advises the government.
- It creates employment opportunities.
- It performs delegated /legislative functions.
- It provides essential services at cheaper rates.
- It acts as governmental agent to the general public.
What is the function of public policy?
The important role of the public policy is to make the society to lead a better life and to maintain the delivery of the goods and services are significant , it is regarded as the mechanism for developing economic-social system, a procedure for determining the future and so on.
