PUBLIC PROTECTOR’S PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES: 2016-2021 STRATEGIC PLAN AND 2016/17 BUDGET 7 APRIL 2016

Overview of Presentation INTRODUCTION STRATEGIC OVERVIEW SITUATIONAL ANALYSIS FLAGSHIP ACTIVITIES OVERVIEW OF PROGRAMMES BUDGET ALLOCATION ORGANISATIONAL STRUCTURE KEY DELIVERY CHALLENGES EMERGING RISKS CONCLUDING REMARKS

1. INTRODUCTION It is an honour to present the Public Protector South Africa 2016/17 budget of R263.3 million for approval by the National Assembly. We also request a review of the budget in response to the Constitutional injunction for the Public Protector to be accessible to all persons and communities and the increasing challenge this institution faces regarding balancing promptitude and rigour in its service delivery The budget remains anchored in the Public Protector Vision 2020. It is also anchored in the strategic plan 2016-2021 and the 2016/17.

INTRODUCTION CONT .. “The Public Protector is thus one of the most invaluable constitutional gifts to our nation in the fight against corruption, unlawful enrichment, prejudice and impropriety in State affairs and for the betterment of good governance. The tentacles of poverty run far, wide and deep in our nation. Litigation is prohibitively expensive and therefore not an easily exercisable constitutional option for an average citizen. For this reason, the fathers and mothers of our Constitution conceived of a way to give even to the poor and marginalised a voice, and teeth that would bite corruption and abuse excruciatingly” (Mogoeng CJ, Constitutional Court, 31 March 2016).

2. STRATEGIC OVERVIEW Mandate The Public Protector as an independent institution is established by section 181 of the Constitution with a mandate to support and strengthen constitutional democracy operating in a manner that is subject only to the Constitution and the law. Section 182 of the Constitution provides that: “(1) The Public Protector has the power, as regulated by national legislation- to investigate 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; to report on that conduct; and to take appropriate remedial action.”

STRATEGIC OVERVIEW CONT.. Vision A trusted constitutional institution that rights administrative wrongs and promotes good governance in state affairs. Mission We strengthen constitutional democracy by investigating, rectifying and redressing any improper or prejudicial conduct in state affairs. Purpose We protect the people from and by rooting out improper conduct and promoting good governance in state affairs 

STRATEGIC OVERVIEW CONT.. Principles Accountability Integrity Responsiveness Values Fairness Redress Ubuntu Impartiality Transparency Efficiency and  professionalism

STRATEGIC OVERVIEW CONT.. STRATEGIC GOALS The budget is underpinned by programmes based on the following strategic goals which also constitute the Public Protector service promise Prompt service Access Efficiency Impact Influence

STRATEGIC OVERVIEW : OBJECTIVES STRATEGIC OBJECTIVES STRATEGIC GOAL: PROMPT SERVICE 1. Adherence to defined turnaround times in investigations This is to ensure that investigations are finalised within stipulated timeframes Implementation of Remedial action Aimed at ensuring that remedial action is implemented and monitored by the Compliance unit Speedy Resolution of every matter To ensure prompt investigation of all complaints in line with approved Investigation Plans by the AJSD and GGI branches STRATEGIC GOAL: ACCESS 4. Ease of Access Aimed at achieving universal access to all Public Protector services to all persons and communities through the Stakeholder Management Branch projects and activities 5. Awareness Aimed at increasing awareness of the Public Protector’s constitutional mandate through activities and projects by Stakeholder Management, Communications and the Executive office

STRATEGIC OVERVIEW : OBJECTIVES CONT.. STRATEGIC GOAL: EFFICIENCY Operational efficiencies Aimed at improving optimal use of time and resources by putting in place SOPs and standard templates for some business processes Transform Human Resources to align internal competencies with business needs Aimed at enhancing PPSA’s HR capacity ito the organisation and capacitation of the HR support unit, the number of people and aligning the skills set of PPSA as a whole with business needs Transform ICT to optimally support business needs Aimed at enhancing the institution’s ICT infrastructure and capacity to support business needs 9. Financial stability To acquire external/additional funding for implementation of specific projects 10. Strategic Review of Outsourcing of key facilities/ infrastructure Aimed at reviewing the current approach in respect of procurement of facilities/infrastructure through the Corporate Services and Finance Branches

STRATEGIC OVERVIEW : OBJECTIVES CONT.. STRATEGIC GOAL: IMPACT 11. Clean Audit Aimed at ensuring that our internal administrative and governance processes comply with the regulatory framework and Strategic Plan 12. Promote good governance (tenders, PMDS, cronyism/nepotism) Aimed at inculcating a culture of good governance in state affairs through the Stakeholder Management and Investigations branches, as well as the Executive Office 13. Exemplary conduct Aimed at ensuring internal compliance with all policies and relevant legislative prescripts by all branches and Units All staff capacitated for good quality and good time Aimed at ensure that staff is capacitated to optimally carry out their responsibilities

STRATEGIC OVERVIEW : OBJECTIVES CONT.. STRATEGIC GOAL: INFLUENCE Development of Ombudsmanship in Africa and beyond Aimed at influencing the growth of ombudsman institutions in support of good governance, optimal service delivery, and instilling ethical conduct public affairs Ethical leadership Aimed at promoting ethical leadership in State affairs through the Stakeholder Management Branch Influence government and Parliament to amend the Public Protector Act Aimed at proposing the amendment of the Public Protector Act through Legal Services to quantify the powers of the Public Protector as contained in the Constitution and clarified by the Concourt (will assist organs of state)

3. SITUATIONAL ANALYSIS: CHANGE DRIVERS Building on the successes of the last 20 years while addressing challenges and responding to environmental changes. Refocusing the work of the Public Protector to deliver more value, impact and enhance responsiveness Align with NDP imperatives which identifies the Public Protector as one of the key institutions in fighting corruption (Chapter 14) Response to impatient community cries for social justice and systemic service delivery challenges

SITUATIONAL ANALYSIS: CHANGE DRIVERS Cont… Align operations with clarification of powers by the Constitutional Court Contribute to transformation of the State to improve governance , thus expediting compliance with SDG (NB 16) and Agenda 2063 Enhance internal governance in order to lead by example on clean governance Respond to financial constraints whilst optimising operational efficiencies Balancing accessibility, rigour efficiency and impact

4. FLAGSHIP ACTIVITIES Investigative and ADR services provided in 20 service centres by 369 permanent staff including 39 Assistant Investigators and mobile clinics Implementation of an Electronic Case and Customer Relations Management System to assist with management and monitoring of complaints, and efficiencies (estimated cost R50m) Dealing with case backlog to allow for prompt justice Focus on promotion of ethical conduct in State affairs (has implications for responsive action by leaders when problems are brought to their attention in line with the NDP and reduction in costly and unnecessary reviews

FLAGSHIP ACTIVITIES CONT.. Expansion of the constitutional injunction to be accessible to all persons and communities beyond physical accessibility to include access to substantive justice through timely investigations and remedies Strengthening synergies with ombudsman institutions to standardise approaches and free to operate as an institution of last resort dealing with substantive matters

PUBLIC PROTECTOR SOUTH AFRICA 2016-2020 STRATEGIC PLAN AND BUDGET

CORNERSTONES OF THE 2016 STRATEGIC PLAN The 2016-2020 Strategic Plan is founded on section 181 and 182 of the Constitution Also informed by the Public Protector Act (no.23 of 1994) Various other key legislative instruments that confer additional mandates to the Public Protector National priorities as per the NDP Policy priorities set out by the President during the 2016 State of the Nation Address

The Public Protector’s 2016 Strategic plan complements the implementation of: The National Development Plan, Vision 2030 (Chapter 14): Emphasis on zero tolerance to corruption and need for anti-corruption system - relevant anti-corruption agencies include the Public Protector Protection of whistle-blowers Public education and awareness campaigns linking the effect of corruption on service delivery and reporting mechanisms

PUBLIC PROTECTOR SOUTH AFRICA 2016/17 ANNUAL PERFORMANCE PLAN

5. OVERVIEW OF PROGRAMMES For effective implementation and monitoring, the PPSA 2016 Plan has been categorised into three main programmes which are: Programme 1: Administration The aim of the programme is to create an effective and efficient and optimally funded organisation, and to ensure optimal performance 2. Programme 2: Investigations The aim of the programme is to ensure prompt investigation of impropriety and maladministration in state affairs, provide timely remedies, and to promote good governance 3. Programme 3: Stakeholder Management The aim of the programme is to ensure access to services of the Public Protector, promote awareness, and ethical leadership in state affairs, and to influence ombudsmanship in general

OVERVIEW OF PROGRAMMES CONT .. Programme 1: ADMINISTRATION Strategic Objective Key projects/Targets for 2016/17 Exemplary conduct Clean audit opinion Operational Efficiencies Implement Integrated Security System Transform ICT To Optimally support business needs Implement high speed connectivity, WIFI Connectivity, increased storage capacity, and Remote Access All staff capacitated for good quality and good time CEO Accelerator Programme for SMS conducted 12 team building and change management activities Total Programme Budget R99,570m

OVERVIEW OF PROGRAMMES CONT .. Programme 2: INVESTIGATIONS Strategic Objective Key projects/Targets for 2016/17 Speedy resolution of every matter Finalise all cases 2 years and older as at 1 April 2016 by 31 March 2017 Operational efficiencies Appointment of a panel of external investigators, editors ad report writing support and legal advisors/law firms and special advisors Implementation of the registration module (SharePoint) Adherence to defined turn times in investigations Investigate and finalise EMEA and other involved investigations Promotion of good governance Investigate and finalise all existing systemic investigations and interventions Total Programme Budget 159,651m 23

OVERVIEW OF PROGRAMMES CONT .. Programme 3: STAKEHOLDER MANAGEMENT Strategic Objective Key projects/Targets for 2016/17 Ease of access to services to all persons and communities 72 mobile clinics per province per annum Ethical leadership Good governance week and conference 9 Provincial stakeholder forums with other oversight bodies and organs of state Operational Efficiencies 4 international benchmarking visits Total Programme Budget R4 092m

2016 MTEF BUDGET ESTIMATES

SCENARIO 1: EXISTING Budget allocation BUDGET ALLOCATION OVER THE MTEF   2015/16 2016/17 2017/18 2018/19 R Million R million Transfers 245.4 262.6 301.1 318.5 Additional funding of R15 million in 2015/16, R3 million in 2016/17 and R21 million in 2017/18. All other budget adjustments are for cost of living adjustments

Programme budget allocation Name of the Programme 2015/16 R’000 2016/17 2017/18 2018/19 Programme 1: Administration 83 228 99 570 113 921 120 298 Programme 2: Investigations 159 004 159 651 183 555 194 422 Programme 3: Stakeholder Management 3 835 4 092 4 355 4 606 Total Annual Budget 246 067 263 313 301 831 319 326

Economic classification   Economic classification 2015/16 R’000 2016/17 2017/18 2018/19 Current payments 246 067 263 313 301 831 319 326 Compensation of employees 192 159 201 095 236 217 250146 Goods and services 51 035 54 767 57 731 60 839

Economic classification…coNTINUED   2015/16 R’000 2016/17 2017/18 2018/19 Communication 915 1 048 1 109 1 087 Computer services 7 358 7 814 8 267 8 757 Consultants 8 952 9 507 10 058 9 983 Lease payments 12 620 13 402 14 180 15 002 Repairs and maintenance 30 32 34 36 Training and staff development 1 935 2 055 2 175 2 301 Travel and subsistence 5 008 5 319 5 628 5 953 Other 14 217 15 590 16 280 17 729 Depreciation 2 000 6 524 6 902 7 303 Interest, dividends and rent on land 873 927 981 1 038 Total Budget 246 067 263 313 301 831 319 326

BUDGET PRIORITIES The bulk of the PPSA 2016/17 budget going towards funding the following: Investigations activities – approximately 61% of the budget Funding of our service points - (1 Head Office, 9 Provincial Offices and 10 Regional Offices) Funding of our stakeholder engagement programmes

SCENARIO 2: REALISTIC BUDGET OF THE PUBLIC PROTECTOR SA

SCENARIO 2: CONT’D The realistic budget (above) excludes the following which can increase the deficit: Funding of additional regional offices (approximately R20 million) Case management system and security (approximately R54 million) Increased capacity especially interns (50) and trainee investigators (100) (approximately R11 million)

PPSA PROVINCIAL BUDGETS (44% of total ppsa budget)

Budget allocation CONT.. Name of the Programme 2015/16 R’000 2016/17 2017/18 Programme 1: Administration 67 623 71 777 75 386 Programme 2: Investigations 170 809 183 411 196 484 Programme 3: Stakeholder Management 7 635 8 125 8 606 Total Annual Budget 246 067 263 313 280 476

Budget allocation CONT..   Economic classification 2014/15 2015/16 2016/17 2017/18 Current payments 218 158 246 067 263 313 280 476 Compensation of employees 159 050 187 618 200 095 213 068 Goods and services 54 784 51 576 55 775 59 825

Budget allocation CONT.. Economic classification 2014/15 2015/16 2016/17 2017/18   Communication 4 626 3 350 3 534 3 711 Computer services 14 522 3 012 3 178 3 336 Consultants 3 561 900 950 997 Lease payments 10 271 14 500 15 298 16 062 Training and staff development 2 161 550 580 609 Travel and subsistence 9 457 1 800 1 899 1 994 Other 10 186 27 464 30 337 33 116 Depreciation 3 500 6 000 6 524 6 646 Interest, dividends and rent on land 824 873 919 937 Total Budget 218 158 246 067 263 313 280 476

Budget allocation CONT.. BUDGET PRIORITIES The bulk of the PPSA 2016/17 budget going towards funding the following: Investigations activities – approximately R183.4 million Funding of our service points - (1 Head Office, 9 Provincial Offices and 9 Regional Offices) – approximately R14.5 million Funding of our stakeholder engagement programmes

7. Organisational structure See annexure A

8. KEY delivery CHALLENGES Human Resources (approved structure only 59% funded 556 approved posts, only 329 are funded) Trainee investigator programme unable to proceed as originally conceived ( 39 Assistant investigators paid with no budget allocated to them) Electronic Case Management System which requires approximately R50m (Public Protector trust to be explored) Increase in the number of reviews without consultation since SCA clarified powers of the Public Protector (18 cases on hand). The likelihood of the numbers going up is very high Case backlog of critical complex cases and struggle to balance rigour and promptitude Organisational footprint on hold

9. Emerging RISKS RISK RISK DESCRIPTION MITIGATION STRATEGIES Operational sustainability Financial constraints that impact negatively on operations and our ability to fully discharge our mandate Baseline funding has not increased Explore donor funding to fund non-core operational projects Continuous engagement with government for improved funding Continue with cost saving initiatives Reputational Risk Poor systems and processes have impacted on our ability to execute mandates effectively Business process re-engineering

Emerging RISKS CONT.. RISK RISK DESCRIPTION MITIGATION STRATEGIES Reputational damage Inability to finalise investigations with the required speed and within our set turnaround times Approach National Treasury to increase the baseline budget to fund additional permanent investigators Unassigned cases Enhance quality assurance processes Litigation Increased legal reviews (State organs taking Public Protector to court resulting in increased financial burden) Appointment of a panel of legal experts Explore alternative legal support Limited access Lack of physical access to the Office of the PP particularly for rural communities Capacity constraints limiting prompt attendance to all cases reported – resulting in constrained access A comprehensive outreach and stakeholder programme developed and implemented Case load model complete

10. Closing Remarks We are playing our part in redressing administrative wrongs, ensuring public accountability and good governance in support of constitutional democracy Parliament’s support is requested with regard to: Approving budget as presented and organisational structure Urging Treasury to provide requested additional funding at least for the posts approved in 2010 Support the Public protector trust initiative Joining hands in ensuring remedial action as envisaged in section 182(1)(c)the Constitution is implemented without undue delay

ENKOSI: HA KHENSA: RI A LIVHUWA: SIYABONGA; REA LEBOHA; DANKIE THANK YOU  ENKOSI: HA KHENSA: RI A LIVHUWA: SIYABONGA; REA LEBOHA; DANKIE “Within the context of breathing life into the remedial powers of the Public Protector, she must have the resources and capacities necessary to effectively execute her mandate so that she can indeed strengthen our constitutional democracy” (Mogoeng CJ, Constitutional Court, 31 March 2016). 0800 11 20 40 www.publicprotector.org t: @publicprotector f: Public Protector South Africa