Constitution compels the protector to act

She added that the place of the public protector is defined by the constitution and requires her to investigate.

"My role is to give justice where there were administrative injustices, identifying systemic deficiencies, exacting accountability in the use of public power and control over state resources and taking remedial action," said a copy of Madonsela's speech received by fin24.com early Friday, 30 September 2011. The constitution mandates Madonsela to investigate corruption and maladministration, appropriately resolve state related disputes, enforce executive ethics and protect whistle-blowers.

The courts, she said, had also confirmed that state organs are obliged to rectify wrongful actions for which they were responsible. It was, however "sensible" for agencies to make out-of-court settlements or forestall the need for legal proceedings at all. "The constitutional basis for remedial action to restore administrative justice has also been confirmed by the Constitutional Court, making it clear that no member of the public should suffer prejudice or injustice as a result of the wrongful actions of an organ of state," said Madonsela.

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