DEPUTY PUBLIC PROTECTOR

 

 

                  DELEGATION OF POWERS.

 

Section 2A(6) of the Public Protector Act of 1994 (Act 23 of 1994) provides that “The Deputy Public Protector shall have such powers as the Public Protector may delegate to him or her”

 

Section 2A(7) of the Public Protector Act of 1994 (the Act) further provides that “Whenever the Public Protector is, for any reason, unable to perform the functions of his or her office, or while appointment to the office of Public Protector is pending, the Deputy Public Protector shall perform such functions.”

 

This document constitutes delegation of powers by the Public Protector (PP) to the Deputy Public Protector (DPP) as envisaged in section 2A (6) of the Act and such other matters related thereto.

 

I, the undersigned, Mabedle Lawrence Mushwana, Public Protector for the Republic of South Africa and in terms of Section 2A(6) of the Act (op cit.) hereby delegate the following powers and functions to Adv. Mamiki Shai, Deputy Public Protector for the Republic of South Africa :

 

  1. The DPP shall alternate with the PP in chairing Management meetings as per an agreed rooster. The PP shall decide who will chair Special Management meetings as may arise from time to time.
  2. The DPP shall alternate with the PP in chairing Think Tank meetings as per agreed rooster.
  3. The DPP shall supervise and monitor the final adoption of the Think Tank Procedure Manual drawn by the European Union. Once the Manual is adopted the DPP shall supervise and monitor the functioning of the Think Tank Secretariat in particular in the execution of its duties and functions as contained in the Manual. The DPP shall device a mechanism to ensure that there is maximum participation by all attendees of Think Tank meetings.
  4. The DPP shall take charge and monitor file inspections in the entire offices of the Public Protector and to that end to :

         

4.1               Appoint Inspection teams each of which shall be led by a Senior Manager from both national and provincial offices. Refer to File Inspection Manual.

4.2               At the end of each year consolidate file inspection reports into a single report and submit same to the PP with the necessary comments.

4.3               Ensure that matters raised during file inspections are followed up and reported on promptly.

 

  1. The DPP shall supervise and monitor the consolidation of all OPP policies into a single document and that the policies are revised and reviewed annually.
  2. The DPP must always ensure that new OPP policies, rules and regulations as the needs might be are formulated as and when such a need arises.
  3. Supervise and monitor the continuous review of Personnel Performance Management and Development System.
  4. Supervise and monitor the drawing and adoption of OPP Employment Retention strategy.
  5. Supervise and monitor the drawing and adoption of Investigation Techniques Manual.
  6. Supervise and monitor the drawing and adoption of Meetings Procedure Manual.
  7. Supervise and monitor the functioning of the Wellness Programme of the OPP.
  8. The DPP shall preside as an Executive Authority on disciplinary appeal matters and preside over staff grievances in the OPP.
  9. The DPP shall receive the Final Performance Assessment Report from the Moderation committee and submit same with the necessary comments to the PP.
  10. The DPP shall approve all systemic and own initiative investigations.
  11. The DPP shall supervise and assist the Ceo to establish a Knowledge Management Section as well as to establish a research section in the OPP. To this end must ensure that the appropriate staff members for both Knowledge Management and Research sections are appointed.
  12. The DPP shall supervise and monitor the upgrading of the OPP Library in conformity with the European Union report re: OPP Resource Centre Assessment.
  13. The DPP shall scrutinise the consolidated report of each quarterly strategic performance review meetings for compliance with the strategic plan of the OPP and submit the report with comments to the PP.
  14. Assist the Ceo in supervising and monitoring the drawing of a collaborative strategy by the Executive Outreach Manager. The strategy is to provide for collaboration with other Chapter Nine Institutions, Community Based Organisations and Non Governmental Organisations.
  15. Supervise and monitor the drawing and adoption of the Office Charter of the OPP.
  16. The DPP shall monitor and evaluate investigations in the OPP.       
  17. Recommend to the PP all OPP staff appointments.
  18. Sit in certain specific interview panels for the appointment of OPP senior staff members.
  19. The DPP shall represent the PP in functions, workshops, symposiums etc as she may be requested from time to time and in line with the provisions of Section 2A(7) of the Act.
  20. In addition to the personal assistant appointed to assist the DPP, the DPP shall be assisted in the administrative performance of the above delegated duties and functions by the Senior Strategic Support Manager in the PP’s office.

 

 

  1. The PP reserves the right to review any delegated powers duties or functions and where necessary delegate further functions and duties or withdraw any delegated function or amend any such function.
  2. Where the DPP is for any reason unable to perform any of the above functions the PP will perform such functions or with the knowledge of the DPP, request another competent person to render such services.

 

 

Dated at Pretoria on this the twenty-fourth day of April 2007.

 

 

Mabedle Lawrence Mushwana.                                       

Public Protector RSA

 

Delegation accepted by:

 

 

Mamiki Shai

Deputy Public Protector RSA.