The Acting Public Protector Advocate Kholeka Gcaleka says her office is working on amending the Public Protector Act to include the court’s decision on the binding effects of the remedial action.
Advocate Gcaleka says she’s concerned that only 2% of her office’s remedial actions are implemented. This comes as the Chapter 9 institution published reports on 15 concluded investigations into complaints for the third quarter.
Video: Unpacking Public Protector’s latest reports
Advocate Gcaleka says the amendment will enable the office to be able to legally act against non-compliance.
“Currently what is stopping us from doing that is that there is no provision for it in our Act. So we need to make sure that we put in place that particular provision. The option that we have is the civil route but that is too expensive, concerning our budget and the work that we have to do, going the civil route at this stage is expensive and not possible.”
In 2016, the Constitutional Court ruled, in no uncertain terms, that the remedial action recommended by the Public Protector was binding and should be implemented.
The ruling by Chief Justice Mogoeng Mogoeng came after both the legislature under then-speaker Baleka Mbete and the executive under then-president Jacob Zuma ignored then-Public Protector Advocate Thuli Madonsela’s findings and the remedial action about Nkandla.
Full Interview Below:
