Democratic Alliance v Zuma and Another (21029/2017) [2017] ZAGPPHC 612 (29 September 2017)

Democratic Alliance v Zuma and Another (21029/2017) [2017] ZAGPPHC 612 (29 September 2017)

The court found that compelling the President to implement the Public Protector's remedial action prior to the finalisation of the review application would not be in the interests of justice. The review raises significant constitutional issues, including the separation of powers and the scope of the Public Protector's authority. The court held that neither the mere launching of a review application nor technical arguments about the sequence of interlocutory applications should override the need for judicial scrutiny before enforcement. The potential for parallel proceedings and wasted resources, as well as uncertainty regarding the status of a commission appointed under contested...

Citation
[2017] ZAGPPHC 612
Parties
Applicant: Democratic Alliance; Respondent: Jacob Gedleyihlekisa Zuma; Respondent: The Public Protector of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2017
Case Number
21029/2017
Procedural Posture
Urgent Application / Judgment on Interlocutory Applications: Stay and Compliance Pending Review
Outcome
The application by the Democratic Alliance to compel implementation of the remedial action is stayed pending finalisation of the President's review application.
Judges
M A Makume
Legal Topics
Public Protector Remedial Action, Separation of Powers, Commission of Inquiry, Interim Interdict, Executive Powers, Judicial Review
Constitutional Law Administrative Law Public Protector Remedial Action Separation of Powers Commission of Inquiry Interim Interdict Executive Powers Judicial Review

Case Brief

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Parties

Democratic Alliance

Applicant

Jacob Gedleyihlekisa Zuma

Respondent

The Public Protector of South Africa

Respondent

Procedural Posture

Urgent Application / Judgment on Interlocutory Applications: Stay and Compliance Pending Review

Legal Issues

  1. 1 Whether the President's application to review the Public Protector's remedial action automatically suspends its implementation.
  2. 2 Whether the President is entitled to a stay of the implementation of the remedial action pending the outcome of the review application.
  3. 3 Whether compelling the President to implement the remedial action prior to the review would be in the interests of justice.

Ratio Decidendi

The court found that compelling the President to implement the Public Protector's remedial action prior to the finalisation of the review application would not be in the interests of justice. The review raises significant constitutional issues, including the separation of powers and the scope of the Public Protector's authority. The court held that neither the mere launching of a review application nor technical arguments about the sequence of interlocutory applications should override the need for judicial scrutiny before enforcement. The potential for parallel proceedings and wasted resources, as well as uncertainty regarding the status of a commission appointed under contested...

Court Disposition

The application by the Democratic Alliance to compel implementation of the remedial action is stayed pending finalisation of the President's review application.

Orders

  • The application by the Democratic Alliance for implementation of remedial action 8.4 is stayed pending finalisation of the review application under case number 91139/16.
  • The Democratic Alliance and the Public Protector are ordered to pay the costs of this application, including the costs of two counsel.