Address by Public Protector Adv Thuli
Madonsela during the School Empowerment Conference on
Tuesday, February 8, 2011 at Spring Civic Centre in
Johannesburg, Gauteng.
Programme Director;
Officials from the National and Provincial Department of
Education;
School principals;
Librarians;
Educators;
Ladies and gentlemen;
I am honoured by the opportunity to address this important
gathering of people playing a critical role in shaping our
values as a society and our development as a nation.
Education is not only a cornerstone of every society, it’s
also the foundation of each person’s life. That is why
people like for President Nelson Mandela have devoted their
lives to create a world in which each child gets equal
access to quality education
Most of you will certainly remember how Mandela captured the
imagination of the world when he insightfully noted that:
“Education is the most powerful weapon that you can use to
change the world.”
That is why the architects of constitutional democracy
enshrined the right to education in our Bill of Rights.
Section 29 (1) (a) of the Constitution of the Republic of
South Africa stipulates that “everyone has the right to
education, including adult basic education.”
Clearly this places a responsibility on the state to make
education available and accessible to all by, among other
things, delivering adequate school infrastructure, providing
learners with learning material, recruiting capable and
sufficient human and ensuring an environment conducive to
productive learning.
You are most likely to agree with me that a lot of effort
has been made by government since 1994 to give effect to the
right to education. This is demonstrated by, among other
things, the annual expenditure on education and attempts to
equalise the distribution of resources. However, there are a
few cases that may have resulted in a few people people’s
right to education being negatively affected. Later in my
speech, I will cite a few of the cases that my office dealt
with in the last two years.
For now, Programme Director, allow me to quickly share with
the house a bit about what the Public Protector is, what
this institution does and how it can be of help in as far as
giving effect to the right to education is concerned.
My office established that most people still do not know
what the Public Protector is and what the Public Protector
does. My biggest concern is that young people between the
ages of 16 and 23 seems to be worse in this case.
Section 182 (4) of the Constitution requires the Public
Protector to be accessible to all persons and communities.
To this end, we have embarked on a drive to reach at least
two thirds of the 49 million people in this country. It is
worrying that our young people, who live in the information
age, are not aware of the existence of this and other
institutions that seek to mediate power between the state
and the citizens.
My view is that, as early as in primary school, learners
ought to be taught that there are institutions like the
police, courts and constitutional institutions such as the
Public Protector and what such bodies can help with.
Programme Director;
The Public Protector was established by the Constitution. It
is one of the institutions we refer to a institutions
supporting democracy. Each of these institutions plays a
distinct and unique role in supporting and strengthening
constitutional democracy.
The Public Protector is an independent constitutional
officer. He/she is subject only to the Constitution and the
law. The Public Protector must be impartial and exercise
his/her powers and perform his/her functions without fear,
favour or prejudice.
The Public Protector is accountable to the National Assembly
and must report on activities and performance of functions
to the Assembly at least once a year. No person or organ of
state may interfere with the functioning of the Public
Protector.
The Public Protector is mandated by the Constitution and
national legislation 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 to take appropriate remedial action.
There are two key pieces of legislation that regulate the
operations of the Public Protector. These are the Public
Protector Act of 1994, and the Executive Members Ethics Act.
The powers under the Public Protector Act cover the conduct
of all public authorities except court decisions. The
Executive Members Ethics Act empowers the Public Protector
to investigate all allegations of violations of the Act and
Code by the members of the executive, that is Ministers,
Premiers, MECs etc. Other legislation which include the
Prevention and Combating of Corrupt Activities Act and the
Protected Disclosures Act also recognise the role of the
Public Protector with regard to investigating state action.
This means anyone can approach the Public Protector anytime
they have a complaint regarding improper or prejudicial
conduct of an organ of state or public official or public
office bearer. Even if it is not a complaint but information
or an allegation of impropriety, you may still approach the
Public Protector.
It is important to remember that anything outside of the
public sector and decisions of courts are off limits.
Secondly, the services are free. Your complaint or
allegation will be investigated with a view to establishing
if the conduct in question was indeed improper or
prejudicial. My office may decide to mediate, conciliate or
negotiate to resolve the complaint. At all given times, it
is important to us that justice is served.
This brings me to examples of the education matters that my
office has dealt with. Over the last couple of years, my
office has deal with cases such as:
-
Alleged undue delay by the Western
Cape Department of Education to assist after half of the
Duneside Primary School building was closed due to
vandalism, resulting in a drop in the enrolment of
learners among other things;
-
Alleged failure by the Eastern Cape
Department of Education to provide additional classrooms
and sanitation facilities for Ntekelelo Junior Secondary
School;
-
Alleged refusal by Chapel Street
Primary School and its Governing Body to remunerate a
temporary (teacher) employee for services rendered;
-
Alleged refusal by the Milnerton High
School in Cape Town, Western Cape to admit a learner;
-
Alleged improper suspension of an
educator’s salary by the Mpumalanga Department of
Education; and
-
Alleged undue delays in processing
payment for relief teaching services by the North West
Department of Education.
Clearly these cases do not provide for an
environment that is conducive to learning. Unpaid teachers
cannot be productive, refusing a leaner admission to school
amounts to a violation of the learner’s right to education
and inadequate or unsafe classrooms, which result in
overcrowding are not going to produce the kind of learners
that will take the country forward.
In all the cases I have cited, we found that the complaints
had merit and the remedial action taken sought to redress
the prejudice suffered by complainants.
As I draw towards conclusion, I would like to urge all of
you who are here to spread the word about the Public
Protector’s services so that all the people who sit at home
hopeless and not knowing where to turn for help can approach
my office.
We have about 20 offices spread across the country and we
can also be reached on our toll-free line 0800 11 20 40 or
our website
www.publicprotector.org .
We promise to strive to be accessible and trustworthy and
provide prompt remedial action while promoting good
governance in all state affairs. This means we will bring
our service to your doorstep, resolve your complaints
speedily while ensuring that the failures of the state do
not recur.
I would like to emphasised that in calling the state to
account for its acts and omissions, I have a responsibility
not only to check if the state’s conduct was lawful but to
also establish if it was proper. I have to ascertain that
there was just administrative action and all round good
administration.
This is the way in which my office can play a role to ensure
that the people of this country turn education into a
powerful weapon that they can use to change the world.
Thank you.
Adv TN Madonsela
Public Protector of South Africa
|
