LSSA applauds landmark judgment on the binding nature of the Public Protector’s remedial action

April 25th, 2016

Compiled by Barbara Whittle

At the end of March, outgoing Co-chairpersons of the Law Society of South Africa (LSSA), Busani Mabunda and Richard Scott noted the landmark judgment of the Constitutional Court in the Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others (unreported case no CCT143/15 and CCT171/15, 31-3-2016) (Mogoeng CJ) case, and in particular its confirmation of the binding nature of the remedial action taken by the Public Protector in terms of s 182(1)(c) of the Constitution.

The Co-chairpersons said: ‘The LSSA believes in respect for the Constitution, the Rule of Law and for the Chapter 9 institutions, of which, the Office of the Public Protector is one.’

The LSSA stressed the court’s finding that there is an obligation to assist and protect the Public Protector so as to ensure the independence, impartiality, dignity and effectiveness of the Office of the Public Protector by complying with her remedial action.

‘We applaud our judiciary in its decision in this important judgment. This reinforces the need for respect for our Constitution, as well as the enhancement of our constitutional democracy,’ said Mr Mabunda and Mr Scott.

Compiled by Barbara Whittle, communication manager, Law Society of South Africa,

This article was first published in De Rebus in 2016 (May) DR 20.