Democratic Alliance and Another v Public Protector of South Africa and Others (CCT 251/22; CCT 252/22 ;CCT 299/22 ;CCT 251/22 ;CCT 252/22; CCT 299/22)
Democratic Alliance and Another v Public Protector of South Africa and Others (CCT 251/22; CCT 252/22 ;CCT 299/22 ;CCT 251/22 ;CCT 252/22; CCT 299/22) [2023] ZACC 25; 2023 (11) BCLR 1281 (CC); 2024 (3) SA 1 (CC) (13 July 2023)
The Constitutional Court held that the President's decision to suspend the Public Protector constituted 'conduct' within the meaning of sections 167(5) and 172(2)(a) of the Constitution and was thus subject to confirmation. On the merits, the Court found that the President did not act in breach of section 96(2)(b), as there was no real risk of a conflict between his official responsibilities and private interests. The evidence did not support a finding of bias or a reasonable apprehension of bias; the suspension was precautionary, rational, and necessary to protect the integrity of the office…
Source excerpt
- Presidential Conduct
- Conflict Of Interest
- Precautionary Suspension
- Section 194 Removal Process
- Sub Judice Rule
- Confirmation Of Invalidity Orders