Public Protector calls on public servants
to build a caring, listening and ethical state
Thursday,
13 September 2012
Public Protector, Adv Thuli Madonsela called on
all public servants to use the 15th anniversary of Batho
Pele to reenergize efforts aimed at improving public service
delivery to ensure that the state is more efficient and
effective in creating enabling conditions for improved
quality of life for all persons and the freed potential of
each person. She said this when addressing the North West
Senior Management Conference in Mafikeng on Thursday. The
Conference was themed “How can we as Public Servants
improve service delivery in the Province?”
She urged public servants to let the Constitution,
particularly Section 237which stipulates that all
constitutional obligations must be performed diligently and
without delay, to guide their decisions and actions.
Citizens want a state that cares, listens and is ethical.
When linking the Batho Pele Principles and the Public
Protector, Adv Madonsela said that proper conduct as
envisaged in the mandate of the Public Protector under
section 182 transcends lawfulness of state actions. She said
proper conduct was about the right thing to do by state
decision-makers as persons entrusted with public power. “If
the law allows, this does not make it right.
Citizens are shareholders and not customers and accordingly
they deserve more from those they have entrusted with the
power to manage their affairs and resources. She further
said that where promises have been made in the Constitution
or directly to the citizens, it was wrong to brand the
people as a complaining public when they exact
accountability in the face non delivery or poor delivery.
She gave an example of the case where a 40 square meter RDP
house is promised and a much smaller house or a house that
is falling apart is delivered. She said that in such cases
the people have a right to complain. The Public Protector
said that when she also gave an example of Ms X who was
dismissed for being a whistleblower and lodged a complaint
with the Public Protector. The Public Protector conciliated
with effect that she would be reinstated in April 2011 and
paid back her salary for the months while at home but to
date the remedial action is yet to be implemented while a
bank is foreclosing on her house, among the many prejudices
she is consequentially suffering.
The Public Protector asked the question whether the above
example of Ms X, is indicative of a caring organ of state.
She hastened to remind public servants that they occupy
spaces in the public service as servants of the people. She
said members of the public approach the state not as beggars
but coming to collect their rights as enshrined in the
Constitution. She said Batho Pele requires consultation and
redress among others. The Public Protector urged all to
respect the rights of all people enshrined in Section 9 of
the Constitution and to reconcile their service ethos with
the character of the state envisaged under chapter 10 of the
Constitution, where public service principles are outlined
and in line with the constitutional vision in the preamble
and foundational values in section 1 of the Constitution
discharge their duties justly, fairly and without delay.
The Public Protector explained that public service delivery
is not confined to state delivery of basic services such as
education, water, food, housing and social security. She
stated that the state’s role primarily involves the
classical function of regulation and that it was in the area
of regulation where state actors often drop the ball. To
illustrate this point, she mentioned the complaint from the
Bapong Community who have alleged that the state has failed
them, through regulatory failure. Currently, there is
systemic governance failure in that community and the
community has been without a chief for a long time. In the
meantime there are allegations of systematic looting of the
collective resources of the community, including funds under
an account called a D Account, which is managed by public
servants. She applauded the Premier for complying with her
office’s request to join hands to facilitate the Public
Protector’s investigation and mediation process in the Bapo
community. The Public Protector applauded the public
servants to provide excellent service stating that these
were in the majority and that it was through their efforts
that South Africa had come this far. She also applauded the
achievements of the paralympic team for excellence and
success against many odds. She concluded with appealed to
public servants to join hands with her office root out
corruption, maladministration to create a state that is
accountable, operates with integrity and is responsive.
Issued by:
Kgalalelo Masibi
Spokesperson for the Public Protector
Tel: (012) 366 7006
Cell: 079 507 0399
E-mail:
kgalalelom@pprotect.org
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