A defender of the powerless

Dr Advocate Linda Mbana was recently appointed as the Unisa Ombudsperson. The office of the Unisa Ombudsperson was established by the university Council to enhance the university's service delivery and foster a culture of efficient and effective administration. The Ombudsperson draws authority from a founding document approved by the university Council. The purpose of the service of the Ombudsperson's office is to resolve matters in a reasonably expeditious and effective manner.

Sharing her sentiments about her appointment, Mbana says: "I am greatly honoured to be allowed to be the Ombudsperson for such a prestigious institution. It provides me with another arena to continue with my life mission to positively impact the lives of our stakeholders." Mbana explains that growing up in a dusty town in the Eastern Cape, she was confronted daily with the true nature of social injustice. The harsh reality of her background is what shaped her outlook on life. "I resolved at a very tender age to pursue the legal profession to fight social injustices and stand up for the underdog. This appointment is yet another avenue that has been availed to me by Unisa to ensure that justice and equity prevail within the institution," she says.

Dr Advocate Linda Mbana

Career background

Mbana brings a wealth of experience and has a CV to be envied. "I did not study law to become an executive; rather, to be the voice of the voiceless and a defender of the powerless," she says. Mbana has held various positions in her career, primarily working as a legal advisor. "I studied BJuris and LLB at the University of Fort Hare. After that, I studied for an LLM in Labour Law at the University of Free State." She also holds a PhD in Policing from the Tshwane University of Technology and is currently studying Dispute Resolution Management at the University of the Witwatersrand. She is also an admitted attorney and was a Major General at the South African Police Services (SAPS) responsible for Legal Services and later was the Head of the Hawks in the North West. "I was also a Deputy CEO at PSIRA responsible for Law Enforcement. I am currently an executive responsible for Regulatory Services at the Cross Border Road Transport Agency and a part-time Commissioner of the Defence Force Service Commission," she adds. Moreover, Mbana has a wealth of experience in boards’ and committees' fiduciary duties. She is also an Advocate of the High Court.

Asked what her vision for her new role is, she says: "My vision is based on Ecclesiastes 9:10, which says, whatever your hand finds to do, do it with all of your might. My work ethic and personal philosophy are based on this simple yet profound text. Therefore, I always strive to undertake and deliver every task before me with the utmost distinction, to always do my best, to perform at my best, and to exceed all the expectations of my employer and clients. This philosophy has become my way of life," says Mbana.

She adds: "On the other hand, the vision of Unisa on the role of the office within the institution is crystal clear. Unisa's vision for this office is to promote the constitutional values of integrity, social justice, fairness, and excellence as reflected in the university's strategic plan."

To achieve this, Mbana says Unisa expects the Ombudsperson to be independent, not representative of any particular person or group, and be seen as objective, impartial, and unbiased. The Ombudsperson is also expected to maintain confidentiality (except in instances of imminent personal harm), demonstrate respect for all individuals and assist complainants in understanding their rights and the university to perform its responsibilities more efficiently. The Ombudsperson is also expected to foster a culture of good administration that is accountable, lawful, fair, transparent and responsible.

Cooperation is key

Serving a large institution such as Unisa must come with challenges. Asked if she foresees any hurdles and what strategies she has to mitigate them, Mbana says: "Unisa is a solid and mature institution. I do not foresee a situation where the university might not appreciate and understand the office's role." She explains that her role is advisory: "So, I cannot compel the institution to implement my advice or recommendation. However, any advice given or recommendation made will be to assist the institution to be a better and more efficient organisation."  

"In my view, controversies and contradictions can only arise when lines are crossed. No contradictions can arise if we both stay in our lanes. That is the only way to avoid challenges," says Mbana. She explains further: "I do not expect every recommendation to be accepted and implemented. However, I will sleep well at night knowing that I have given the best possible advice in keeping with my mandate. I want to highlight that cooperation is key; I request that all departments take my stakeholders' matters seriously and with the urgency they deserve."

Moreover, Mbana says she is already addressing several challenges, some of which will be discussed at the upcoming Unisa Management Committee meeting. "I am a proactive, not reactive person, and while maintaining confidentiality, I will also attempt to provide an early warning report from time to time," she says.

Asked what services her office offers to stakeholders, Mbana says: "The university has its internal processes and systems to address employee and student issues and grievances. However, if these institutions and channels have been exhausted and no adequate remedy is obtained, then my office is the office of the last instance." In this regard, her office will assist the complainant in evaluating options. Besides offering a remedy, the office is also tasked with the duty to suggest the appropriate treatment to aggrieved individuals and guidance to the institution to improve the weaknesses that led to the grievance. "My office investigates and resolves written complaints refed by anyone who feels aggrieved by conduct or lack of conduct on the part of the university or its employees through discussions, mediation and recommendations," concludes Mbana.

Contact details for the Office of the Ombudsperson:

Email: Ombudsman@unisa.ac.za

Call: 012 481 2874

Address: Corner Justice Mahomed and Steve Biko Street, Building 6, Room 40, Sunnyside North Campus, Pretoria

*By Tshimangadzo Mphaphuli, Acting Editor: Internal Publications, Department of Institutional Advancement