Public Protector reacts to criticism
relating to the Protection of State Information Bill
Monday, 19 December 2011
Public Protector Adv Thuli Madonsela has noted with concern
what appears to be the politicisation of her office�s role
in the parliamentary process relating to the Protection of
State Information Bill.
In an effort to insulate her office from what appears to be
an unnecessary political storm, the Public Protector has
decided to delink her engagement with Parliament from the
efforts of civil society, including representatives of the
media.
She said this would also be for purposes of ensuring that
her office continues to be allowed to operate independently
and impartially, without any interference from other organs
of state and private parties.
�I have decided to advise the civil society entities that
approached me for assistance to directly engage with the
National Council of Provinces (NCOP) independent of me. I
will accordingly write to them and articulate my position,�
she said.
The Public Protector said she will still make a submission
to the NCOP but it would only be made on behalf of her
office. The submission will primarily focus on the potential
impact of the Bill on the functionality of her office,
particularly its mandate of investigating maladministration
and other forms of improper conduct in state affairs and on
the country�s pursuit of good governance.
After assessing the request to investigate alleged improper
pronouncements by the Minister of State Security, Siyabonga
Cwele, regarding a public interest defence clause, the
Public Protector has exercised her discretional power in
terms of Section 6(3)(b) of the Public Protector Act 23 of
1994 and decided not to proceed with the investigation.
She has advised the complainant to approach the Minister
directly and/or explore parliamentary channels to resolve
the matter.
The Public Protector has further drawn the attention of
parties to Section 181(2-4) of the Constitution, which
states that:
�(2) These institutions (Chapter Nine) are independent, and
are subject only to the Constitution and the law, and they
must be impartial and must exercise their powers and perform
their functions without fear, favour or prejudice.
�(3) Other organs of state, through legislative and other
measures, must assist and protect these institutions to
ensure the independence, impartiality, dignity and
effectiveness of these institutions.
�(4) No person or organ of state may interfere with the
functioning of these institutions.�
Parties are therefore requested to take note of subsection
4.
Issued by the Public Protector South Africa. For more
information, contact:
Oupa Segalwe
Manager: Outreach, Education and Communication
Public Protector South Africa
Tel: 012 366 7035
Cell: 072 264 3273
Email:
[email protected]
Website:
www.publicprotector.org
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