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

President of the Republic of South Africa v Office of the Public Protector and Others (Economic Freedom Fighters and Others Intervening) (79808/16)

President of the Republic of South Africa v Office of the Public Protector and Others (Economic Freedom Fighters and Others Intervening) (79808/16) [2017] ZAGPPHC 748; [2018] 1 All SA 576 (GP) (13 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

79808/16

Judges

D Mlambo, PM Mojapelo, DS Fourie

The High Court held that President Zuma must personally pay costs incurred after 14 October 2016 in litigation over the Public Protector’s State Capture report.

• Personal Costs Orders
• Abuse Of Process
• Executive Members Ethics Act
• Promotion Of Administrative Justice Act
• Public Protector Powers
• Personal-costs-orders