Public Protector raises red flags – with citizens charged for no services
Public Protector Advocate Kholeka Gcaleka has published findings of reports that detail investigations from the third quarter of the 2024/2025 financial year.
The Q3 cases discussed reveal a concerning pattern of systemic failures in governance that have negatively impacted service delivery, eroded public trust in government, and violated citizens’ rights.
The Public Protector of South Africa (PPSA) had 1494 finalised cases between 1 October 2024 to 30 December 2024.
With some of the most notable unpacked, the PPSA urges government entities to review practices, address shortcomings, and foster transparency, accountability, and good governance.
This is to rebuild trust with the public, ensure efficient and equitable service delivery and uphold the principles of justice and fairness.
Identified Issues
Some of the key systemic issues that plague South African governance seen through the cases highlighted include:
- Lack of due diligence:
The statement from the PPSA highlights a recurring theme of negligence and a failure to adhere to proper procedures, particularly in processing complaints and handling public funds.
This was evident in numerous cases covered during the period, such as the irregular payment of employment benefits by the Department of Correctional Services to a deceased employee’s niece, bypassing the rightful beneficiary, the surviving spouse.
- Unresponsiveness and poor communication:
The PPSA found a persistent lack of communication and engagement with the public, even when confronted with formal complaints and petitions.
This disregard for citizen concerns was apparent in cases such as the delayed rectification of property registrations in Thaba Nchu, leaving rightful owners in a state of limbo for years.
- Disregard for legal frameworks:
Several instances were uncovered where government entities failed to comply with existing laws and regulations, leading to maladministration and prejudice against citizens.
The case of irregular billing for unrendered services in the Dawid Kruiper Local Municipality illustrates this disregard for legal and ethical standards, where communities were charged for sanitation and refuse removal services that they did not receive.
“The functionaries of the Municipality acted in violation of the standard required of the Municipal Staff Members in the execution of their duties when they failed to rectify the irregular billing of the Community for sanitation services that were not rendered to the Community,” the report states.
- Lack of accountability and transparency:
The PPSA report points towards a lack of transparency and accountability within government institutions.
The report highlights unresponsiveness to complaints, delays in rectifying errors, and poor communication as contributing factors to this systemic problem.
This was particularly evident in the slow progress of infrastructure development in storm-affected schools in KwaZulu-Natal, where delays in building permanent structures put the safety and educational well-being of students at risk.
- Inefficient interdepartmental coordination:
The report shows how multiple government entities with overlapping responsibilities, convoluted processes, and poor communication hinder effective solutions.
Report 23, concerning incorrect property registrations in Thaba Nchu, highlights this issue.
Both the Mangaung Metropolitan Municipality and the Department of Public Works and Infrastructure were implicated, leading to years of inaction due to unclear lines of responsibility.
Report 26, regarding sanitation service failures in the Dawid Kruiper Local Municipality, further demonstrates how this fragmentation directly impacts citizens’ access to essential services.
It emphasised the need for improved intergovernmental cooperation and streamlined processes to overcome these challenges and ensure effective service delivery.
Going Forward
Overall, the PPSA’s findings expose a concerning trend where systemic failures within the South African government have led to a decline in service delivery, a violation of citizen rights, and an erosion of public trust.
While the PPSA acknowledges a slight improvement in the implementation of remedial action, reaching 38%, it stresses the urgent need for a greater commitment to accountability, transparency, and adherence to the rule of law.
The Public Protector’s statement suggests that other state institutions can learn from the reports and work to rectify similar issues within their own organisations.
“In light of the many challenges faced in South African society, as a consequence of among other things, the issues raised in the aforementioned investigations, it is sincerely hoped that other state role players, will borrow lessons from these reports and where appropriate, commence with efforts to remedy similar matters that may exist within them,” said the Public Protector.
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