OFFICE OF THE PUBLIC PROTECTOR PRESENTATION TO THE

OFFICE OF THE PUBLIC PROTECTOR PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS 29 MAY 2006 1

INDEX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 2 12. INTRODUCING THE OPP STRUCTURE OF THE OPP REVIEW OF THE 2004/05 ANNUAL REPORT PERFORMANCE ON STRATEGIC OBJECTIVES FOR 2005/2006 STATISTICAL OVERVIEW BUDGET OVERVIEW CHALLENGES NEW ORGANIGRAM BUDGET ALLOCATION 2006/7 STRATEGIC OBJECTIVES 2006/7 COLLABORATION WITH OTHER CHAPTER 9 INSTITUTIONS CONCLUSION

INTRODUCING THE OPP 3 l Mandate l Mission l Vision l Values

STRUCTURE OF THE OFFICE OF THE PUBLIC PROTECTOR 4 l National Office l Provincial offices – Gauteng Office was opened in Dec 2004 l Regional offices

BUDGET OVERVIEW – (FIVE YEAR PERIOD) FINANCIAL YEAR BUDGET ALLOCATION PERCENTAGE INCREASE 5 2000/01 2001/02 R’ 000 2002/03 R’ 000 2003/04 R’ 000 2004/05 R’ 000 23, 969 29, 371 35, 135 43, 519 49, 160 23% 20% 24% 13%

BUDGET OVERVIEW – (FIVE YEAR PERIOD) 6

BUDGET OVERVIEW (CONT) 7 l An amount of R 3, 2 million which was committed from the 2003/04 financial year was also deferred to the 2004/05 financial year. Therefore, the OPP had a revised budget of R 56. 1 million for the 2004/05 financial year. l Of the total budget of R 56, 1 million the OPP was able to spend R 54, 004 million which translates to 96% overall spending.

STRATEGIC OBJECTIVES 2004/05 OPP identified 3 Strategic objectives namely: l Efficient and Effective Investigations 8 l Outreach programme/Public Awareness l Improved Administration support

PROGRAMME PERFORMANCE: 2004/05 1. Efficient and Effective Investigations 9 § SDI were developed and implemented § Of the 5 systemic investigations, a report on the Protected Disclosures Act has been submitted to the SA Law Commission to consider review of the Act § 5 Own initiative investigations identified and ongoing

PROGRAMME PERFORMANCE: 2004/05 1. Efficient and Effective Investigations( cont) 10 § Investigative staff were trained to improve investigative skills § Strategy to reduce backlog developed and implemented § All processes and phases of the investigative cycle have been documented § A “Think Tank” committee has been set up to facilitate the speedy issuing of reports

PROGRAMME PERFORMANCE: 2004/05 2. 11 Outreach Programme • 43 clinics have been established and are conducted monthly across the country • Enhanced public awareness campaigns and workshops have resulted in a 29% increase in complaints received • Treasury approved additional funds to set up 2 regional offices

PROGRAMME PERFORMANCE: 2004/05 3. 12 Improved Administration Support • New performance management system was implemented • Additional polices and procedures were implemented • Web site developed and launched • Key appointments were made to reduce pressure of non core functions on investigative staff • All admin and support staff received training

AUDITOR-GENERAL REPORT 13 • The AG’s report confirms that the OPP is committed to the effective and effective utilisation of public funds • The unauthorised expenditure for the 1999/2000 financial year has been approved by parliament

STATISTICAL OVERVIEW: 1 APRIL 2004 TO 31 MARCH 2005 14

NOTES TO CASES CARRIED FORWARD 15 • OPP redefined its investigation processes and put more emphasis on identifying systemic deficiencies, root cause of complaints and report writing • Number of high profile and complex cases increased • Staff had to be trained on redefined processes and more time was spent on attending training

BUDGET OVERVIEW OVER MTEF PERIOD 2005/06 R’ 000 BUDGET ALLOCATION PERCENTAGE INCREASE 16 55, 127 2006/07 R’ 000 2007/08 R’ 000 2008/09 R’ 000 67, 784 74, 722 80, 725 22% 10% 8%

BUDGET ALLOCATION: 2005/06 ECONOMIC CLASSIFICATION INVESTIGATIONS & ADMIN OUTREACH/ PUBLIC AWARENESS TOTAL ALLOCATION R’ 000 38, 888 1, 000 39, 888 GOODS & SERVICES 11, 639 2, 000 13, 639 MACHINERY EQUIPMENT 1, 600 - 1, 600 TOTAL 52, 127 3, 000 55, 127 COMPENSATION OF EMPLOYEES 17

BASELINE ALLOCATION PER PROGRAMME 18 PROGRAMME 2005/06 2006/07 2007/08 2008/09 Executive Management 4, 847 5, 108 5, 484 Investigations 52, 127 38, 748 41, 421 44, 726 Corporate Services 21, 189 24, 693 27, 515 Public Awareness/ Outreach 3, 000 TOTAL 55, 127 67, 784 74, 722 80, 725

ECONOMIC CLASSIFICATION 19

BUDGET VS SPENDING: 2005/06 (UNAUDITED) ECONOMIC CLASSIFICATION OVERALL ACTUAL SPENDING OUTREACH/ PUBLIC AWARENESS TOTAL ALLOCATION R’ 000 39, 888 39, 751 100% GOODS & SERVICES 17, 139 17, 310 101% MACHINERY EQUIPMENT 1, 600 100% TOTAL 58, 627 58, 661 100% COMPENSATION OF EMPLOYEES 20

STRATEGIC OBJECTIVES: 2005/06 21 l OPP identified four strategic objectives: v Investigations and Reporting v Corporate Services v Communication v Public Awareness and Outreach v The Learning Organisation and Knowledge Management

STRATEGIC OBJECTIVES: 2005/06 Investigations and Reporting 22 Objective Results To conduct investigations on receipt of complaints or on own initiative and identify systemic shortcoming and root causes of complaints 17 281 complaints received 16 440 cases finalised Service Delivery Indicators adhered to in 80% of finalised cases

STRATEGIC OBJECTIVES: 2005/06 Investigations and Reporting 23 Objective Results To identify systemic shortcoming and root causes of complaints Following systemic investigations conducted: v. RDP Housing Kouga Municipality v. Irregularities at Refugee Centres v. Civil Pensions (GEPF) late payments v. UIF Delays in payments v. Compensation Commissioner v. Witness Protection Programme

STRATEGIC OBJECTIVES: 2005/06(CONT) Investigations and Reporting Objective Results The following five own initiative investigations were To establish mechanism to identified and conducted: v Investigation into allegations in connection with the Identify own Head of the Johannesburg Metro Police Initiative investigations v Investigation into allegations of impropriety relating to the affairs of the Tshwane Metro Police v 24 Investigation into the allegations of a failure by the Department of Justice and Constitutional Development to comply with a directive of the Department of Labour

STRATEGIC OBJECTIVES: 2005/06(CONT) Investigations and Reporting 25 Objective Results To establish mechanism to Identify own Initiative investigations Own initiative investigations (Cont’d) v Investigation into apparent failure by Departments of the Eastern Cape Provincial Government to comply with Court orders v Investigation into allegations concerning the renewal of drivers and vehicle licenses

STRATEGIC OBJECTIVES: 2005/06(CONT) Investigations and Reporting Objective Results Reporting OPP has finalised the following reports: 1. Special Reports l Allegation of Misappropriation of Public Funds by the Gauteng Department of Housing l Report on the so-called Oilgate Investigation l Allegations of improper conduct by the municipal council and official of the Indaka local municipality 2. 23 Formal Reports and closing reports in all finalised cases 26

STRATEGIC OBJECTIVES: 2005/06(CONT) Investigations and Reporting 27 Objective Results Develop Strategic investigative techniques Panel appointed to review investigation techniques Develop Mechanism to expedite investigations The emphasis was put on reducing the number of cases under investigation older than two years, by 70%

STRATEGIC OBJECTIVES: 2005/06(CONT) Investigations and Reporting Objective Develop framework to cost investigations l 28 Not Reason The ability to cost investigations, is a rather difficult exercise and that it should be done step by step. For that reason the key performance Achievedindicator for the current financial year was limited to the gathering of inputs for the development of a costing model for the office.

STRATEGIC OBJECTIVES: 2005/06 (CONT) Corporate Services Objective Result Human Resource Management l Remuneration Strategy and Policy developed in November 2005. Consultation with Min of Finance and tabling in parliament to be done in 2006/07 207 employees trained at total cost of R 506 021 l Succesfully implemented a performance management system l 29

STRATEGIC OBJECTIVES: 2005/06 (CONT) Corporate Services Objectives Results Review and align Appointed Internal audit firm Sizwe Ntsaluba & and all internal controls reviewed to ensure compliance and to reduce risks. internal controls Develop strategy to Developed and currently under discussion implement divisional budgeting Develop policies, Developed and adopted by MANCOM procedures Implement SCM Framework Act 30 SCM unit established in May 2005 and is fully functional

STRATEGIC OBJECTIVES: 2005/06 (CONT Objective Result Develop Internal and External communication strategy Drafted and is under discussion Develop Outreach Strategy Drafted and is under discussion Establish additional regional Two regional offices have been offices established at Western Cape (George) and Mpumalanga (Siyabuswa) Conduct clinics 31 78 clinics are conducted and 1 634 cases have been received at clinics

STRATEGIC OBJECTIVES: 2005/06 (CONT Objectives Result Implement Civil Society Advocacy Programme (CSAP) l. Project steering committee appointed(OPP, SAHRC, CGE) Programme Focal Point Manager commenced duties in August 2005 l Provincial Programme Co-ordinator appointed for E Cape, Limpopo and l Kwa Zulu Natal 32

STRATEGIC OBJECTIVES: 2005/06 (CONT) The Learning Organisation and Information Technology Objectives Result Establish a Knowledge Due to financial constraints, this Management unit for objective has been deferred to the next OPP financial year Establish and Migrate African Ombudsman Research Centre (AORC) 33 AORC) has been migrated to the University of Kwa Zulu Natal and is fully operational

STRATEGIC OBJECTIVES: 2005/06 (CONT) The Learning Organisation and Information Technology 34 Objectives Result Implementation of Case Management System SITA was tasked to develop a Case Management System (CMS), which is an upgraded investigation database with managerial support features. The system developed could not be implemented as it is defunct due to coding errors. The OPP’s internal auditing firm Sizwe Ntsaluba Inc was appointed to audit the system and their report confirmed the above. OPP is reviewing alternatives.

STRATEGIC OBJECTIVES: 2005/06 (CONT) The Learning Organisation and Information Technology Objectives Result Auditing of Information Systems Done Implementation of Disaster recovery plan was adopted disaster recovery plan by OPP management in November 2005 and is now being implemented Development, implementation of IT policies, standards and procedures 35 IT policies, standards and procedures have been developed and implemented

STATISTICAL OVERVIEW: 1 APRIL 05 TO 31 MARCH 06 36 l New cases received: 17 281 l Cases finalised: 16 440

CHALLENGES • Disparities in the provisions of municipal services • Lack of co-operation in certain municipalities • Greater workload as a result of the outreach programme • Distances to be travelled by investigative staff for outreach results in time out of office • It is difficult to cost investigations due to the spontaneous nature of complaints • 37 Limited funds and resources to establish additional regional offices

BUDGET ALLOCATIONS FOR 2006/07 ECONOMIC CLASSIFICATION Compensation of employees Goods and services Machinery and equipment TOTAL 38 TOTAL ALLOCATION R’ 000 R 49, 143 R 16, 840 R 1, 800 R 67, 784

BUDGET ALLOCATIONS FOR 2006/07 39

STRATEGIC OBJECTIVES 2006/7 l 1. 2. 3. 4. 40 OPP reviewed its five year strategic plan and identified the following four (4) strategic goals: Investigations and Reporting Communication Services Corporate Support Services Knowledge Management and Information Technology

STRATEGIC OBJECTIVES 2006/7 1. l l l 41 Investigations and Reporting (sub programmes To Conduct Investigations with adherence to SDIs To identify and conduct Systemic investigations To conduct own initiative investigations Development of Investigative techniques and processes and training To reduce the turnaround time to a maximum of 2 years for finalization of ll cases To Conduct File Inspections

STRATEGIC OBJECTIVES 2006/7 1. Investigations and Reporting (sub programmes l To ensure effective, relevant reporting I n all finalized investigations To report and monitor on implement able recommended remedial actions to organs of state Improve on Think Tank Committee Procedures and processes Improve on Strategic Performance reporting l l l 42

STRATEGIC OBJECTIVES 2006/7 2. Communication Services (sub programmes) l Increase accessibility to OPP services Increase Public Awareness Enhance collaboration with stakeholders Improve communication and routing of information to stakeholders (International / Local) Improve Media Relations To develop the branding of OPP Inculcate Protocol knowledge within OPP l l l 43

STRATEGIC OBJECTIVES 2006/7 3. l v v 44 Corporate Support Services (Sub program) Human Resources Management and Development Attraction, Maintenance and retention of high quality staff To improve and sustain performance management system Training and development of staff according to needs Facilitate the design utilization of an EWP and achieve transformation, equity and diversity

STRATEGIC OBJECTIVES 2006/7 Corporate Support Services (Sub program) l Finance and Supply Chain Management v To develop a costing model for investigations 45 v Improve OPP Financial Management and Reporting v Ensure Compliance of OPP with Financial prescripts v Improve Supply Chain Management function

STRATEGIC OBJECTIVES 2006/7 Corporate Support Services (Sub program) l Administration Support v To enable the optimum application and utilization of resources 46 v To promote the effective and efficient functioning of the Registry v To establish and maintain suitable office accommodation

STRATEGIC OBJECTIVES 2006/7 l l 47 Corporate Support Services (Sub program) Security Management v To establish and implement processes for protection of OPP information and assets v To provide secure premises and safe working environment for staff.

STRATEGIC OBJECTIVES 2006/7 l Knowledge Management v Create Knowledge Management Institution of OPP Establish and Migrate AORC Implement Exchange Programme Develop Precedent System Provide OPP Library Services v v 48

STRATEGIC OBJECTIVES 2006/7 l v 49 Information and Communication. Technology To implement and enhance Integrated Information management Systems. v Build and enhancing ICT infrastructure that is reliable, secured and interoperable v Improve and implement ICT best practices

COLLABORATION WITH OTHER CHAPTER 9 INSTITUTIONS 50 • OPP committed to jointly conduct a civil advocacy programme with the HRC and CGE • OPP accommodated a request by CGE to share its office in Kimberly • The OPP is currently involved in a joint investigation with the CGE relating to Maintenance matters

CONCLUSION 51 l The OPP remains committed to achieve its constitutional mandate within the allocated resources l The OPP expresses it thanks to the honourable committee for its unconditional and valuable support

CONCLUSION THANK YOU 52