Public Protector conference against backdrop of Auditor-General report maps out path to SA good governance

Speaking on the second day of the South African Public Protector’s two-day conference at the Radisson Hotel & Convention Centre in Kempton Park, Auditor-General Tsakani Maluleke said the lack of trust in government was evidenced by 11 million registered voters who did not participate in this year’s national election, indicating the disengagement of citizens from democratic processes.

“Trust is a currency for democracy and sits at the heart of the relationship between citizens and the public service. When trust in institutions of government collapses, we see the fragile order that holds society together being disturbed. Trust is the backbone of functional accountability and it is built and natural.”

Maluleke emphasised the need for a functional accountability ecosystem where the needs and expectations of South Africa’s citizens were paramount.

“Citizens must actively participate in democratic processes, resources must be utilised efficiently, and service delivery must be effective and well-governed. A well-functioning, effective, and professional public service, as envisioned in Section 195 of the Constitution, is non-negotiable. Equally, there must be strong and effective oversight mechanisms in place,” emphasised Maluleke.

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The conference comes against a backdrop of the Auditor-General’s report, which painted a distressing picture of local government’s ability to manage public funds effectively and deliver public service. Only 13% of 254 municipalities (34) received clean audits (unqualified with no findings) — a significant decrease from previous years, indicating a lack of meaningful improvement in audit results, with evidence of regression and persistent weaknesses.

Maluleke attributed this to a lack of skills, a lack of reliable information systems, political instability, a lack of consequence management and poor management of cash flows.

Read more: Municipal audit results continue to decline — irregular, wasteful expenditure balloons to R7.4bn

Professor Thuli Madonsela, a former public protector and director at the Centre of Justice at the University of Stellenbosch. (Photo: Gallo Images / Sharon Seretlo)

Professionalism, ethics and capacitating 

Professor Thuli Madonsela, a former public protector and director at the Centre of Justice at the University of Stellenbosch, agreed with Maluleke, saying that building oversight and compliant bodies within governance started with the 4 Ps – Purpose, Principle, Plan and Performance – and recruiting the right people, from the top to the cleaner, who were there to serve the people, not their greed or needs.

“Oversight isn’t just about ensuring people don’t break the rules – it’s about making sure they fulfil their responsibilities.”

She said “the need for fit-for-purpose leadership and institutions has never been more urgent” as global turbulence exacerbated existing economic and social disparities; particularly poverty, hunger, and inequality.

Madonsela said you couldn’t give power to people on the outside who were unethical, because it was very clear they could have an impact on the system and on those who meant well.

“That’s what we saw with the State Capture where it’s very clear that some people find themselves in need… It starts with need and ends with greed. But sometimes the need is not always hunger, but to keep your job.”

She said in the hiring process, one needed to look at whether people were aligned with the values envisaged in Section 195 of the Constitution.

“One of the greatest weaknesses we have in all of our organisations when it comes to ethics is not corruption, it’s the inability to manage conflict of interest and then things go south…

“What I learnt as a public protector is that how the institution survived during my time was the strength of oversight in the other areas – Parliament was a bit weak, but the judicial system was strong and the social system was super strong. Social accountability is citizens directly holding those in power accountable without going through the public protector. But the best way is to combine them all,” she said.

Dumisani Hlophe, Deputy Director-General at the Department of Public Service and Administration, emphasised the need for a holistic approach to build an effective state:

“State capacity building requires a full ecosystem — from human resources to governance, processes, systems and impact. Trust between the state and citizens can only be rebuilt through quality service delivery.”

This sentiment was echoed throughout the conference, as participants dissected the systemic issues that hindered South Africa’s governance.

Resolutions 

The conference concluded with six key resolutions aimed at addressing governance challenges:

1. Strengthening oversight mechanisms 

Develop and implement robust policies to enhance oversight and compliance.

Establish independent monitoring bodies to track service delivery and accountability.

Use data-driven decision-making and technological advances.

2. Ensuring ethical leadership 

Commit to ethical decision-making that prioritises public well-being.

Promote Batho Pele principles and the Ubuntu philosophy in leadership.

3. Strengthening democratic institutions

Advocate reforms that bolster the independence and effectiveness of oversight institutions.

Professionalise public service to ensure a committed and capable workforce.

4. Promoting transparency and accountability

Uphold the highest standards of transparency in operations and interactions.

Lead with integrity and foster ethical leadership.

5. Supporting capacity building 

Invest in training and development to professionalise oversight bodies.

Equip institutions to perform their roles effectively.

6. Addressing corruption and maladministration 

Implement proactive measures to root out corruption.

Establish firm mechanisms to detect and address governance failures.

Madonsela concluded with a call to harness all forms of accountability – judicial, parliamentary and social – to create a functional ecosystem.

“When citizens hold power accountable, alongside strong oversight from Parliament and the judiciary, governance improves. This combination, as seen in the Treatment Action Campaign’s success, is key to better service delivery.”

By adopting this declaration, conference participants affirmed their dedication to achieving good governance and building state capacity. They recognised that coordinated efforts were essential to strengthening institutions, enhancing resources and ensuring South Africa’s constitutional democracy thrived. DM