FROM: PUBLIC PROTECTOR

TO: DEPUTY DIRECTOR-GENERAL, DEPARTMENT OF JUSTICE

DATE: 11 November 2003

Dear Mr Rudman

CONDITIONS OF SERVICE AND APPOINTMENT: DEPUTY PUBLIC PROTECTOR

1. The letter of the Acting Deputy Director-General, dated 1 October 2003, refers. Thank you for the copy of the Public Protector Amendment bill, 2003.

2. In response to the question on how soon I envisage an incumbent being appointed, I would appreciate it if the Deputy Public Protector can be appointed as soon as possible.

3. To assist the Department, I attach suggested conditions of service for the Deputy Public Protector (Annexure A) You will note that the suggestion is to put the Deputy Public Protector on the level of a Judge of the High Court of South Africa. This will emphasise the independence of the Office of the Deputy Public Protector. It will also put the Deputy Public Protector just below the Public protector (remunerated on the level of a Judge of Appeal), but above other staff in my office, regarding level of remuneration. It is also suggested that the benefits received by the Public Protector, but not by a Judge, should be given through to the Deputy Public Protector.
  1. Annexure A follows the format of the conditions of service of the Public Protector, and includes the amendments to the conditions of service of the Public Protector, which I requested ]n my letter to Dr Maduna, dated 20 November 2002. The suggested amendments have not been approved by parliament.
  2. I would like paragraph 10 to be included in the conditions of service to make it clear that the Deputy Public Protector reports to the Public Protector, and must sign a performance agreement with the Public Protector.
  3. It would also be appreciated it in addition to the requirements contained in the amended Public Protector Act, the following can be included in the advertisement calling for nominations for office of Deputy Public Protector:

    4. 6.1 I have decided That The Deputy Public Protector will be the Chief Executive Officer of my office. The advertisement must therefore make it clear that the Deputy Public Protector will also be the Chief Executive Officer of the office of the Public Protector, and as such the Accounting Officer for the office in terms of the Public Finance Management Act, 1999.

    1. In view of paragraph .6.1, the advertisement should stipulate appropriate management skills and experience to be a requirement.
    2. It should be indicated that the seat of the Deputy Public Protector will be in Pretoria.
    3. It should be indicated that it will be expected of the Deputy Public Protector to sign a performance agreement with the Public Protector.
    4. It must be indicated in the advertisement that the post will be an affirmative action appointment.
    5. It must also be indicated that copies of the performance agreement to be signed, as well as the contract of service also to be signed, will be made available to the short listed applicants before interviews are conducted.

7. As far as the term of office is concerned, I suggest that the Deputy Public Protector be appointed for a renewable period of seven years. Although the incumbent will then still be in office for approximately a year later after the expiration of my term of office, it will create some continuity which will probably be beneficial to my successor.

8. You are welcome to contact myself of Dr Schuffe in my office, should you wish to clarify anything.

9. Kindly let me have a copy of the advertisement before it is sent out for publication.

 

Yours faitlitilly

MR M L MUSHWANA

PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA