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South Africa Case Law

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Constitutional Law [2020] ZASCA 138

Zuma v Office of the Public Protector and Others (1447/2018)

Zuma v Office of the Public Protector and Others (1447/2018) [2020] ZASCA 138 (30 October 2020)

Court
Supreme Court of Appeal
Case number
1447/2018
Judges
Maya P, Zondi JA, Dambuza JA, Schippers JA, Unterhalter AJA

The Supreme Court of Appeal held that Mr Zuma's application for leave to appeal against the punitive costs order had no reasonable prospect of success. The high court exercised its discretion judicially and applied the correct legal principles in awarding personal and punitive costs against Mr Zuma, who acted in his personal capacity. The court found that Mr Zuma's conduct in launching and pursuing the review application was reckless, motivated by personal interests, and delayed the investigation into serious allegations of state capture. The attempt to appeal only the costs order, without ch…

Source excerpt

  • Personal Costs Orders
  • Punitive Costs
  • Presidential Powers
  • Commission Of Inquiry
  • State Capture
  • Judicial Discretion
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Constitutional Law [2017] ZAGPPHC 747

President of the Republic of South Africa v Office of the Public Protector and Others (91139/2016)

President of the Republic of South Africa v Office of the Public Protector and Others (91139/2016) [2017] ZAGPPHC 747; 2018 (2) SA 100 (GP) ; [2018] 1 All SA 800 (GP); 2018 (5) BCLR 609 (GP) (13 December 2017)

Court
North Gauteng High Court, Pretoria
Case number
91139/2016
Judges
Mlambo, Boruchowitz, Hughes

The court held that the Public Protector's remedial action directing the President to appoint a commission of inquiry, headed by a judge selected by the Chief Justice, was lawful, rational, and appropriate. The Public Protector's constitutional powers are broad and include the ability to direct the President to exercise his powers where necessary to remedy state misconduct. The President's powers under section 84(2)(f) are not absolute and must be exercised within constitutional constraints. The Public Protector did not unlawfully delegate her investigatory powers; rather, she investigated th…

Source excerpt

  • Public Protector Powers
  • Remedial Action
  • Separation Of Powers
  • Commission Of Inquiry
  • Executive Ethics
  • State Capture
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.