It can be very frustrating to find yourself in a situation where you are being unfairly treated or a matter of yours is not being handled the way it should be. It can definitely add to your frustration if you do not know where to seek help.
Fortunately, the Public Protector is the best place to go for assistance on matters that need the representation of an institution with the power to handle matters concerning the constitution and your rights.
The office of the Public Protector is where you can lodge any such necessary complaints.
Some people may think that you need to be someone of particular significance to approach the Public Protector and lodge a complaint with them, but this is far from true.
The Public Protector states that it makes itself available to all persons and communities, and that anyone can complain to the Public Protector.
It is important to note that there is a process that needs to be followed should you want to lodge a complaint with the Public Protector, as this will ensure your matter is handled properly.
Anyone can lodge a complaint with the Public Protector. You may write to them or ask someone to write on your behalf. You can also call the office of the Public Protector where the trained staff members will listen to your complaint.
Furthermore, anyone can physically visit the offices, of which there is one in each province, for an interview or consultation.
A complaint can be lodged at visiting points and workshops conducted by the office. Complaints will need to be reported to the Public Protector within two years from the date that the incident took place.
You need to state the nature of your complaint, your background and history, why you feel the complaint should be handled by the Public Protector, steps you have taken since the incident, and your contact details.
Before you can lodge a complaint with the Public Protector, there are some things you need to bear in mind and be sure of.
You need to ensure that your complaint is against an organ of the state and a state functionary, and you need to have completely run out of options for having your matter resolved.
These options may include your own complaint resolution mechanisms or the sector-specific ombudsman. In the case that you have tried all of these, you can approach the Public Protector to be further assisted.
The Public Protector has jurisdiction over organs of the state and state functionaries.
They can help with complaints related to abuse of power, unfair or improper conduct, unnecessary delays, decisions made by the authorities, maladministration, dishonesty, the mishandling of the public’s money, and Improper enrichment and receipt of improper advantage.
There are also matters the Public Protector cannot handle. They do not have any jurisdiction over other private persons, private companies, and the decisions of the court in some matters. Knowing whether your complaint can be handled will help you.
| What can be handled | What cannot be handled |
| Abuse of power | Private persons |
| Unfair and improper conduct | Private companies |
| Unnecessary delays | Decisions made by the courts |
| Authoritative decisions | |
| Maladministration | |
| Mishandling of public money | |
| Improper enrichment and receipt of improper advantage |
The Public Protector confirms that the duration of cases will differ depending on whether they are allocated to the administrative justice and service delivery branch, or to the good governance and integrity branch.
Cases that are delivered to administrative justice and service delivery will be finalised within 6-12 months, while those handled by good governance and integrity can take up to 24 months to be finalised.
During that time, the Public Protector will provide you with feedback every six weeks from the commencement of an investigation.
Should you find yourself in a matter that requires the intervention of big public representatives, approaching the office of the Public Protector may be your best bet to have your issue resolved. This can be done by lodging a complaint with the Public Protector’s office.
Complaints can be lodged either in writing, by calling the office and speaking to the professional staff, visiting the offices in person, or by lodging complaints at visiting points and at workshops hosted by the Public Protector’s office.
Complaints will need to be reported within two years of an incident’s occurrence.
