Protector's findings subject to Constitution

2011-08-17 21:41

Johannesburg - Public Protector Thuli Madonsela's findings are subject to the Constitution and the law, and state legal advisers have no authority to tell government what to implement, she said on Wednesday.

Madonsela said state attorneys have been advising the government against implementing remedial action she recommended.

"In the event organs of state are unhappy with our findings and the accompanying remedial action, they should take us to court on review."

She said courts were the only institutions that had a final say on whether her findings and the need for remedial action were rational or not.

Madonsela was speaking at a meeting with stakeholders, which included provincial government leaders, local government authorities and civil society in Polokwane.

Her spokesperson Kgalalelo Masibi said delegates including Agriculture MEC Dipuo Letsatsi-Duba and Polokwane Mayor Freddy Greaver agreed with Madonsela.

"[They said] failure to implement the public protector's remedial action was defeating the institution's purpose of supporting and strengthening constitutional democracy," she said in a statement

"They added that leaders in government had a responsibility to act promptly upon receipt of the public protector's report with a view to ensure administrative justice and accountability."

The meeting formed part of a nationwide "road show" dubbed "The Public Protector Dialogues with the Nation".

The road show aimed at soliciting feedback regarding Madonsela's work and highlighting the importance of implementing her suggestions for remedial action.

- SAPA