South Africa Case Law

Public Protector and Others v President of the Republic of South Africa and Others (CCT 62/20)

Public Protector and Others v President of the Republic of South Africa and Others (CCT 62/20) [2021] ZACC 19; 2021 (9) BCLR 929 (CC); 2021 (6) SA 37 (CC) (1 July 2021)

Court

Constitutional Court

Case number

CCT 62/20

Judges

Mogoeng, Jafta, Madlanga, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the Public Protector misconstrued the Executive Ethics Code by equating inadvertent misleading with wilful conduct, which is not supported by the Code’s wording. There was no evidence that the President personally benefitted from the CR17 campaign donations, and thus no duty to disclose arose under the Code. The Public Protector exceeded her jurisdiction by investigating matters not covered by the complaints and by relying on evidence not disclosed to the President, violating the audi alteram partem principle. The remedial actions taken were found to be unla…

Source excerpt

• Executive Members Ethics Act
• Public Protector Powers
• Remedial Action
• Audi Alteram Principle
• Disclosure Of Campaign Donations
• Constitutional Invalidity