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governance and compliance with the law. Good governance is not something that exists
separately from the law hence it is entirely inappropriate to unhinge governance from law.”
Successful businesses are sustainable businesses. As a cornerstone of sustainability, sound
ethics and leadership are increasingly proving their worth as drivers of competitive
advantage. There is growing awareness in South Africa that there needs to be more
programmes to assist organisations to achieve their corporate objectives while educating
consumers on the Companies Act of 2008 to keep corporates accountable to the
communities, to South Africa and the continent.
3.3.3
Key institutions and certain social groups need to become more effective
The Public Protector of South Africa has been a prominent institution during this reporting
period and has been afforded space and resources to work more effectively in support of our
Constitutional democracy. Its constitutional mandate is to investigate any conduct in state
affairs, or in the public administration in any sphere of government, that is alleged to be
improper or results in any impropriety or prejudice, to report on that conduct, and to take
appropriate remedial action.
In the period under review, a new Public Protector was appointed to re-align the
organisation’s structure to expedite the finalisation of cases40. The Public Protector regularly
hosts Good Governance Weeks, which include a conference that brings together institutions
that support democracy and other oversight bodies to forge a common understanding of
good governance and to map out a platform for good governance and oversight work going
forward. This initiative has resulted in greater public awareness and use of the Public
Protector, evidenced by a greater number of finalised cases, speedier resolution, and
reduction in referred cases. The impact of finalised cases continues to change the
livelihoods of communities for the better and in the same way it helps the state to address its
administrative deficiencies with a view to avoiding recurrences.
Notably, in support of advancing legal capabilities of other Chapter 9 institutions, the Public
Protector investigated complaints relating to maladministration, financial impropriety and
conduct in the affairs of the Commission for Gender Equality. The Public Protector’s
remedial action was that the National Assembly amends the Commission for Gender
Equality Act to bring it in line with the Constitution and that the current organisational
requirements of the Commission be improved to ultimately strengthen it’s functioning as a
Chapter 9 institution.
Through an extensive stakeholder consultation process undertaken in all nine provinces of
South Africa, the investigation of alleged violation of the Prevention and Combating of
Corrupt Activities Act was set as a priority. As a result, the capacity to resolve and address
issues of corporate governance in the deployment of state resources, procurement and
service delivery were prioritised, especially where corruption or impropriety is rampant and a
private sector link is present.
The empowerment of women is a crucial indicator of transformation of state owned
enterprises and the private sector. The number of women in executive leadership positions
in the public sector continues to grow, reflecting the government’s commitment to the
40
Public Protector (2011), South Africa Annual Report, 2011’, public protector, Pretoria.
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