The Acting Public Protector Kholeka Gcaleka says she's concerned that only 2% of her office’s remedial actions are implemented.
This comes after the Chapter 9 institution published reports on 15 concluded investigations into complaints for the third quarter.
Speaking to Newzroom Afrika, Gcaleka said that at the heart of this problem was a failure to implement government reforms and to reform maladministration within the state’s affairs which had been exacerbated by poor co-operation between the office of the Public Protector as well as the executive and the government.
In response to a question about her office’s capacity to enforce the remedial action, Gcaleka said: “The implication of the judgment regarding the binding effect of the remedial action, it means that each and every remedial action taken by the Public Protector since that judgment has a binding effect unless it is reviewed by a court of law and there’s an interdict in order for the party not to implement the remedial action.
“We do have the unit that deals with enforcement of remedial action and it is not as capacitated as we would hope for it to be. However, it should be a natural cause that the remedial action is being implemented and institutions such as ours, a constitutional institution that has been established precisely to ensure that it readdresses any maladministration within the state affairs,” she said.
Gcaleka also revealed that the finalisation of the Phala Phala report was at an advanced stage. She emphasised that in such cases her office was acting in the interest of the public and following the rule of law.
“This means that we have to act independently, impartially, without any fear or favour, but most importantly we have to follow due process, there has to be fairness in the investigation we are doing.
“We have to conduct a proper investigation that is in line with the merits of the matter and the application of legal prescripts to that matter, which means that we have to ensure that there is reasonable time we take into the matter,” she said.
IOL