Names: Mangiphiwe Nonkululeko Zulu
Student no. 65028945
Assignment 1 semester 1
Module code: FOR2601
Unique no. : 756746
, Question 1
The legislative mandate
The public protector of South Africa is mandated to strengthen the country’s constitutional democracy
by investigating 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. Section 182 of the Constitution also
states that the public protector must be accessible to all persons and communities.
Matters that can be investigated by the public protector
The Constitution of the Republic of South Africa ... provides for the establishment of the office of Public
Protector to investigate matters and to protect the public against matters such as maladministration in
connection with the affairs of government, improper conduct by a person performing a public function
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. The Public Protector has the
additional powers and functions prescribed by national legislation. The Public Protector may not
investigate court decisions. The Public Protector must be accessible to all persons and communities. Any
report issued by the Public Protector must be open to the public unless exceptional circumstances, to be
The Public Protector can also investigate the following:
• Government at any level. This includes central and provincial government, state departments
and local authorities excluding court decisions.
• Any person performing a public function. This includes any person performing an official duty
that affects South Africans, such as state employees, police officials and even electoral officers.
• Corporations or companies where the state is involved. Examples are Eskom and Telkom.
• Statutory councils. Examples are the Human Sciences Research Council (HSRC) or the Council
for Scientific and Industrial Research (CSIR) in terms of national legislation, require that a
report be kept confidential.
Student no. 65028945
Assignment 1 semester 1
Module code: FOR2601
Unique no. : 756746
, Question 1
The legislative mandate
The public protector of South Africa is mandated to strengthen the country’s constitutional democracy
by investigating 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. Section 182 of the Constitution also
states that the public protector must be accessible to all persons and communities.
Matters that can be investigated by the public protector
The Constitution of the Republic of South Africa ... provides for the establishment of the office of Public
Protector to investigate matters and to protect the public against matters such as maladministration in
connection with the affairs of government, improper conduct by a person performing a public function
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. The Public Protector has the
additional powers and functions prescribed by national legislation. The Public Protector may not
investigate court decisions. The Public Protector must be accessible to all persons and communities. Any
report issued by the Public Protector must be open to the public unless exceptional circumstances, to be
The Public Protector can also investigate the following:
• Government at any level. This includes central and provincial government, state departments
and local authorities excluding court decisions.
• Any person performing a public function. This includes any person performing an official duty
that affects South Africans, such as state employees, police officials and even electoral officers.
• Corporations or companies where the state is involved. Examples are Eskom and Telkom.
• Statutory councils. Examples are the Human Sciences Research Council (HSRC) or the Council
for Scientific and Industrial Research (CSIR) in terms of national legislation, require that a
report be kept confidential.
