Speeches

Message of Support from the Hon A.C. Nel, MP, Deputy Minister of Justice and Constitutional Development at the Public Protector 30 Year Anniversary held at the Cape Town International Convention Centre on 13 October 2025

Programme Director, Public Protector, and former Public Protectors and Deputy Public Protectors, the Speaker of the National Assembly, the Deputy Chief Justice, Members of Parliament, Heads of institutions that support our constitutional democracy, distinguished guests, and international delegates.

I convey the warm greetings and best wishes of Minister Mmamoloko Kubayi, the Minister of Justice and Constitutional Development who is performing an important constitutional duty by attending the current session of the Judicial Service Commission.

I request that we rise, whether in body or in spirit, to recite the Preamble to the Constitution of the Republic:

“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to:

• Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

• Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;

• 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.

May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
I would appeal that we “normalise” the practice of reciting the Preamble to the Constitution when and wherever we gather to discuss matters that affect our nation and the world.  

If truth be told, my speech could end here because the Preamble to the Constitution explains most eloquently:
(1)     Why we have a Public Protector,
(2)     What the role and mandate of the Public Protector is, and
(3)     What we as the Legislative and Executive branches of the State must do to respect and support the Public Protector in the execution of its mandate as an institution supporting constitutional democracy.

This is because, in the words of the Constitution, “any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice” is fundamentally inimical to the attainment of the noble national goals and vision outlined in the Preamble, in particular:

• Healing the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

• Laying the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;

• Improving the quality of life of all citizens and free the potential of each person.

The inclusion of the Public Protector in our Constitution was deliberate and visionary.
One of the decisions that we made as a nation at the dawn of our democracy, during the multi-party negotiating process in 1993, was to accept a package of 34 constitutional principles with which the transitional Constitution and all subsequent Constitutions would have to comply.

Constitutional principle XXIX provides for the independence and impartiality of a Public Service Commission, a Reserve Bank, an Auditor-General and a Public Protector which shall be safeguarded by the Constitution in the interests of the maintenance of effective public finance and administration and a high standard of professional ethics in the public service.

In the same year the African National Congress had proposed, in a document titled, Building a United Nation: ANC Policy Proposals for the Final Constitution, that:
“The Constitution shall as far as possible empower the poor and the vulnerable to enforce their rights and shall inter alia create a Human Rights Commission and a Public Protector to perform this function”.

Prior to that, in 1992 already, the ANC had said in its document, Ready to Govern, that:
“The ANC proposes that a full-time independent office of the Ombud should be created, with wide powers to investigate complaints against members of the public service and other holders of public office and to investigate allegations of corruption, abuse of their powers, rudeness and maladministration. The Ombud shall have power to provide adequate remedies. He shall be appointed by and answerable to parliament”.

Former President Nelson Mandela explained the thinking behind the creation of the Public Protector to the Africa regional workshop of the International Ombudsman Institution in 1996, as follows:
“We were mindful from the very start of the importance of accountability to democracy.
Our experience had made us acutely aware of the possible dangers of a government that is neither transparent nor accountable.
To this end our Constitution contains several mechanisms to ensure that government will not be part of the problem; but part of the solution.
Public awareness and participation in maintaining efficiency in government within the context of human rights are vital to making a reality of democracy.
Many South Africans can still recall a time when the face of the public service was hostile and a complaint could lead to victimisation or harassment when access to justice seemed an unrealistic dream.
In the new South Africa the face of the Public Service is changing radically.
However, we are not yet out of the woods, much still need to be done in terms of transformation.
In this sense, therefore, our Public Protector’s office is not only a critical instrument for good governance.
It also occupies a central place in the transformation of the public service by, among other means, rooting out the arrogance, secrecy and corruption so rampant during the apartheid years”.
Therefore, when we experience the deeply disturbing challenges, scandals and revelations that we are currently confronted we suffer a pain that strikes at the very depths of our being as a nation.

We are deeply pained, but we are not surprised.
We anticipated these challenges and we built the institutions required to protect ourselves from ourselves - and they have served us well.

The Public Protector began its work on 1 October 1995 with the mandate to investigate, report on, and propose remedies for maladministration, abuse of power, corruption, and any acts that unlawfully prejudice citizens.

Thirty years later, we celebrate not only the institution but its enduring legacy of courage and service.
The Public Protector has stood firm in the face of adversity — exposing corruption, investigating improper conduct, and ensuring that no one is above scrutiny.

Among the key milestones that have shaped its credibility are investigations into:
From Sarafina II (1996) (the Department of Health’s use of a R14.3 million EU donation for an AIDS awareness play) to the Arms Deal (a multi-agency probe into a R43 billion defence procurement programme) to State capture (the investigation that led to the Zondo Commission, a defining moment in the fight against systemic corruption.)

While these high-profile cases drew national attention, the true strength of the institution lies in its service to ordinary citizens — ensuring that local maladministration is addressed swiftly and fairly.
Recent investigations have dealt with:

• Delays and maladministration in municipal billing and waste management;

• Road Accident Fund delays in paying claims; and

• SASSA failures to pay social grants on time.

Through systemic investigations, the Public Protector identifies structural challenges affecting people’s daily lives — from healthcare and education to social grants and transport.

The last six systemic investigations have strengthened human rights protection for vulnerable groups, with two more due in 2025/26.

Support from Government
Government reaffirms its full support for the independence and constitutional role of the Public Protector.

We recognise the pressures it faces: growing complaints, limited resources, and rising expectations.
In 2024/25, the Office of the Public Protector managed over 10 000 cases, finalised 2 systemic investigations, and conducted 147 stakeholder engagements.

Notwithstanding our constrained fiscal environment, after discussions with the National Treasury, an additional R20 million has been allocated for 2025/26 to strengthen capacity, alongside R48 million over three years from Criminal Asset Recovery Account (Cara) Funds.

Despite these constraints, the Office continues to innovate — improving complaint resolution and stakeholder engagement and developing alternative dispute resolution mechanisms.

The impact of these improvements is clear: litigation against investigation reports has dropped dramatically — from 39 judicial reviews (2019–2022) to just one in 2023/24 — demonstrating enhanced quality assurance and collaboration.

South Africa’s Public Protector stands proudly among the world’s leading oversight institutions — a model of how constitutional commitment, fearless investigation, and public engagement can transform governance and deepen democracy.

Our task is to ensure that the Public Protector remains robust, respected, and responsive — a living embodiment of our constitutional promise.

As we gather with international partners and fellow democracies, we must ask:

• What does democracy mean for the next generation?
• How do we bridge inequality, deepen participation, and build a capable, ethical state?

Today we not only celebrate what has been achieved, but we recommit to walk together on the long and difficult journey that lies ahead.

Happy Birthday and many happy returns!

We thank you.