How the office goes to work

THE constitution stipulates that any person may lay a complaint with the office of the public protector about any conduct in state affairs that is alleged or suspected to be improper.

A complaint may be lodged in writing or submitted orally but must set out the nature of the problem and the grounds on which it is wrong. A person has two years to submit a complaint, after which it is deemed invalid. The public protector may also instigate an investigation of her own volition.

Last year the office received 27 376 complaints. It finalised 16 763, of which 3 171 were deemed to fall out of its jurisdiction and 313 were referred to other bodies.

Once the office has determined that a complaint falls within its jurisdiction and is worthy of investigation, it has substantial powers. It can compel the state to produce any information in its possession; compel any person to submit an affidavit; by issue of a warrant, search any premises; and subpoena any person to appear before it.

Most complaints are resolved by mediation, negotiation and consultation. About 40 a year require a full investigation and written report. Once a draft report has been written, the office, although not legally obliged to do so, shows a copy to the complainant and affected parties. Depending on the nature of their response and argument or evidence accompanying it, the report is either redrafted or finalised. A final copy is then presented to the public. In it, the public protector can make recommendations.

Although these are not legally enforceable, an adverse finding carries significant political weight and can constitute evidence for sanction, further investigation or criminal prosecution. — Gareth van Onselen