Address by Public Protector Adv Thuli
Madonsela during the Public Sector Excellence Awards 2011on
Tuesday, January 31, 2012 at Sandton Sun Hotel in
Johannesburg
Tuesday, 31 January 2012
Programme Director, Ms Lerato Mbele
Former Chairperson of the Independent Electoral Commission,
Dr Brigalia Bam;
Dr Sam Motsuenyane;
Chairperson and Founder of Public Sector Excellence, Mr
Thebe Ikalafeng;
Mr Neil Higgs of TNS Research Surveys;
Government representatives;
Members of the media;
Distinguished guests;
Ladies and gentlemen;
I am honoured to be part of
tonight�s august occasion as we take time off to duly
recognise excellence and pay tribute to public sector
institutions that are shining examples of what the public
service ought to be about.
As we gather to recognise and celebrate those that are
consistently using public power and resources to expand the
frontiers of human freedom and generally create a better
world, how about reflecting on the following words of wisdom
from Martin Luther King.
�A true revolution of values will soon cause us to
question the fairness and justice of many of our past and
present policies. On the one hand, we are called to play the
Good Samaritan on life's roadside, but that will be only an
initial act. One day we must come to see that the whole
Jericho Road must be transformed so that men and women will
not be constantly beaten and robbed as they make their
journey on life's highway. True compassion is more than
flinging a coin to a beggar. It comes to see that an edifice
which produces beggars needs restructuring.�
Indeed when as a nation we embraced a new Constitution, we
sought to usher in a society where state power and resources
are always used fairly, justly and in the public interest.
For this dream to be realised we counted on selfless men and
women that would work tirelessly as they regulate our lives
and deliver public services efficiently, effectively and
inclusively.
It is indeed gratifying to know that the architects of our
democracy were not wrong in their hope that if they provide
the architecture for an inclusive and accountable state
there would be men and women that step up and do the right
thing.
The global leaders who a few years ago made bold promises
known as the Millennium Development Goals were also counting
on the availability of leaders and ordinary people that
would make things happen when the time to deliver came.
Tonight we focus our attention on those organs of state that
have excelled in the public sector as they regulate and
deliver services.
This brings me to the issue of what really is public sector
excellence. Reading through the documents on the Public
Sector Excellence Awards, it�s clear that excellence is
primarily seen in terms of decisions and actions that
consistently improve the lives of the people while using
public resources with utmost prudence and accountability.
This ideal permeates all literature on the subject,
including pronouncements by Mr Thebe Ikalafeng, the brains
behind the initiative.
If we examine the list of previous and tonight�s recipients
of the awards, the central message is consistent. The focus
is on using the public space, power and resources entrusted
to those exercising public power to change the lives of
ordinary South Africans for the better.
Indeed ladies and gentlemen, this evening is dedicated to
those bodies, leaders and ordinary foot soldiers in the
public sector, that have proved in that past year that:
-
They will not rest until Gogo Dlamini
experiences the true meaning of human dignity;
-
They will certainly not rest until Gogo
Dlamini has a roof over her head;
-
They will not rest until Gogo Dlamini�s
house has running water and lights;
-
They will not rest until Gogo Dlamini is
able to put food on the table;
-
They will not rest until Gogo Dlamini
can get access to world-class healthcare services
whenever the need arises;
-
Indeed they will not rest until Gogo
Dlamini ultimately tastes the fruits of the Millennium
Development Goals; and that
-
Gogo Dlamini�s children break out of the
cycles of poverty and illiteracy and out of structural
inequality, including gender inequality.
These are the people that know that
�True compassion is more than flinging a coin to a beggar�.
They toil tirelessly and honestly using every public rand to
restructure the edifices which produce beggars.
Many of these unsung heroes and heroines that make us proud
to be South Africans are here with us tonight. But why do we
celebrate excellence?
Kahlil Gibral once said:
�You have been told that, even like a chain, you are
as weak as your weakest link. This is but half the truth.
You are also as strong as your strongest link. To measure
you by your smallest deed is to reckon the power of an ocean
by the frailty of its foam. To judge you by your failures is
to cast blame upon the seasons for their inconstancy.�
The organisations and persons we are here to
celebrate are our strongest links. They give us hope. They
provide examples of what we can be if we harness our full
potential as people, organisations and as a nation. They
assure us that the constitutional promises are not too lofty
and can be attained with the right action and use of public
power and resources.
As they ascend the stage to earn their stripes this evening,
let those moments serve as a morale booster and
encouragement to the millions of public servants out there,
who roll-up their sleeves, put shoulder to the wheel, to
redouble their efforts in a manner that will inspire
confidence in the members of the public.
Programme Director;
This occasion, takes place during the anniversary of a very
important week in the history of this country. Next Saturday
marks the 15th anniversary of the commencement of our
supreme law, the Constitution of the Republic of South
Africa.
It was on February 4, 1997 that our Constitution, which
ranks among the most progressive across the world, came into
force, replacing the interim version of 1993. This signalled
the dawn of an era of hope for all the people of South
Africa regardless of race, gender or any other human
difference.
A foundation for an inclusive society was laid on that day.
This is clearly apparent in the Preamble of the very
Constitution�, which states in part:
�We, the people of South Africa ...
therefore, through our freely elected representatives, adopt
this Constitution as the supreme law of the Republic so as
to ... improve the quality of life of all citizens and free
the potential of each person; and build a united and
democratic South Africa able to take its rightful place as a
sovereign state in the family of nations.�
Other cardinal pillars of our new society
include the bill of rights and the founding values. In so
far as the operations of the public sector are concerned,
chapter 10 of the Constitution adds to the edifice.
Our fundamental values include human dignity, the
achievement of quality and the advancement of human rights
and freedoms; non-racialism and sexism; and supremacy of the
constitution and the rule of law.
The Bill of Rights expands on the rights that all citizens
and residents in this country are entitled to. These include
the rights to human dignity, equality before the law, life,
freedom of expression, citizenship, healthcare, food, water
and social security; and housing.
In order to achieve all these, we, as the people of South
Africa, elected representatives or a government, tasked with
managing and controlling our resources with a view to
breathe life into the vision of a better life for all.
The institutions and persons we seek to recognise today and
beyond are those that are making this constitutional dream
possible today and not some distant future.
Those who exercise public power affect, through their
decisions and actions, the lives and aspirations of the 50
million or so people of South Africa. This makes this sector
a critical piece of the puzzle wherein lies the key to the
success of our teenage democracy.
It is indeed encouraging to note that the importance of the
public sector in creating the society we have promised our
people is not lost to the public sector leadership. During
the launch of the Presidential Public Liaison and Hotline
Service in 2009, President Jacob Zuma said:
�We committed ourselves to the service
of the nation with dedication, commitment, discipline,
integrity, hard work and passion. We called for faster
service delivery, and said we have to implement the
undertakings we made to our people, without delay. We
emphasised that there was no place for complacency, cynicism
or excuses in the service of the nation. We made it clear
that everything we do in government must contribute in a
direct and meaningful way, to the improvement of the lives
of our people.�
Tonight�s occasion therefore aims to give
due credit to those in the public sector, who have
demonstrated the commitment, discipline, integrity, hard
work and passion necessary to transform our society into an
inclusive one that treats all fairly and enhances their life
opportunities through effective public sector service
delivery and regulation.
Ladies and gentlemen;
With a lot of publicity given to the ills of our society we
often forget that there is a lot that is going well and that
in many areas we are global leaders. Are we not the society
that produced Mervin King? Isn�t our Independent Electoral
Commission celebrated globally? How about SARS? Can we think
of any world class organisation anywhere in the world that
beats our South African Revenue Services (SARS) A few months
ago I sat proudly listening to global leaders in the supreme
auditing sector sing endless praises about our Auditor
General.
According to the SAIRR, on average, about 1019 formal
housing units were built per day in the period between 1996
and 2010. In stark contrast, only about 79 shacks were
erected per day in the same period. Thought some of the
houses were built by the private sector, the majority
thereof were constructed by the government.
The report went on to say that the number of households with
flushing and chemical toilets increased by 90 percent to 8.6
million during the same period, registering notable
sanitation improvements.
Furthermore, households with taps on site sky-rocketed by a
whopping 179 percent to 4.1 million.
If these statistics are anything to go by, there is a lot to
celebrate and by celebrating we will not necessarily be
saying we have achieved the vision contained in the
Constitution. We will simply be acknowledging the little
inroads made possible by the government, thanks to the men
and women who swell the ranks of the public service.
While it is not wrong to complain, even by way of protests
�so long as such demonstrations are not violent and results
vandalism of the much needed infrastructure- we need to
acknowledge the positives.
The public has a very important role to play in seeing to it
that government delivers on its mandate. Through active
citizenship and public participation, a lot of developments
can be recorded. There is a need for a constructive dialogue
between the people and their government.
One of the remarkable elements of the initiative that has
brought us together today is its empowerment of the people.
I�m reliably informed that the judges behind the results are
ordinary citizens.
The issue of citizen empowerment is very close to me
personally. It is also part of the foundational thinking
behind the concept of a public sector Ombudsman, or Public
Protector.
The Public Protector is a constitutional officer appointed
under Chapter 9 the Constitution to support and strengthen
constitutional democracy through exacting accountability in
the exercise of public power and control over state
resources. The key focus of the office is the investigation
and resolution of grievances involving allegations of
maladministration, which in simple language is bad
administration.
Section 182(1) of the Constitution places a responsibility
on the Public Protector to investigate any conduct in state
affairs or the public administration that is alleged to be
improper or prejudicial, to report on that conduct and to
take appropriate remedial action.
The scope covers all three arms of government and the three
spheres of government and entities in which the state holds
a controlling share such Telkom, Eskom and the South African
Airways, amongst others. The only matters in state affairs
that are excluded from the Public Protector�s scrutiny are
court decisions.
The idea behind the establishment of this office was to have
a senior public officer to help balance power between the
state and citizens beyond the traditional checks and
balances within democracy while serving as a buffer that
reconciles the two parties.
This idea was meant to provide another mechanism to curb
excesses in the exercise of power by those entrusted with
public power and stewardship over public resources. This was
due to a realisation that the courts and other
accountability mechanisms in the classical architecture of
democracy were inadequate.
The modern Public Protector or Ombudsman also has a
responsibility to act as a catalyst to engineer systemic
change to end maladministration or bad governance. We refer
to this as the promotion or entrenchment of good governance
thus ensuring that organs of state consistently take
appropriate actions and decisions.
In so far as the pursuit of good governance, my office
shares the same aspirations as the architects of the Public
Sector Excellence Awards. This in not only in terms of
improving public sector service delivery and the brand worth
of the public sector. The common interests include the
partnership approach. We too see the people and government
as partners in our quest to support and strengthen
constitutional democracy. In this regard we often liken our
role to that of the Makhadzi in Vhenda culture. The Makhadzi
is there to light a candle to help those in power identify
and remedy distractive excesses in the exercise of public
power which may in the long run undermine the relationship
between the people and those they have entrusted with public
power and in the long run even threaten peace and
ultimately, democracy. democracy.
I accordingly applaud this initiative which provides a
platform for communities to play an active role in
transforming the state to that which serves them well and
acts in accordance with the constitution and international
human rights obligations.
I hope that as tonight�s guests of honour receive their
accolades for a job well done and selfless service to the
people of this country, that moment will trigger a sense of
healthy competition among organs of state so that those who
don�t get anything tonight can be here next year to shine.
A people centred and performance-driven culture is what many
want to see in our public sector and with initiative such as
this one, why hard work and devotion are duly recognised, we
will begin to see the emergence of more individual who
epitomise service excellence and selflessness.
To Dr Brigalia Bham and Dr Sam Motsuenyane, we say �Halala�.
The honour bestowed on you is well deserved. We are proudly
look up to you as symbols of excellence in the public
service.
From the Public Protector team we pledge to work with all
those that love our country to make the ideal of an
accountable state that acts with integrity at all times
while being responsive to the needs of its entire people,
possible in our lifetime.
Thank you.
Adv Thuli Madonsela
Public Protector of the Republic of South Africa
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