Gordhan and Others v Public Protector and Others (36099/2098)
Gordhan and Others v Public Protector and Others (36099/2098) [2020] ZAGPPHC 777 (17 December 2020)
The court held that the Public Protector lacked jurisdiction to investigate the complaint because no objectively determined special circumstances existed at the time she exercised discretion under section 6(9) of the Public Protector Act. The reasons for special circumstances were provided only after the investigation commenced, which is impermissible. The findings and remedial orders in the Report were based on material errors of law, including misinterpretation of statutory provisions and incorrect conclusions regarding the lawfulness of the applicants' conduct. The court found that the app…
Source excerpt
- Public Protector Jurisdiction
- Special Circumstances Exception
- Remedial Action
- Audi Alteram Partem
- Personal Costs Order
- Review Of Administrative Action