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Constitutional Law [2023] ZAGPJHC 149

Botha v Commission For Gender Equality and Others (58057/2021)

Botha v Commission For Gender Equality and Others (58057/2021) [2023] ZAGPJHC 149; [2023] 6 BLLR 598 (GJ); (2023) 44 ILJ 1796 (GJ) (15 February 2023)

Section 194(3)(a) of the Constitution is clear and unambiguous: only the President may suspend a Commissioner of a Chapter 9 institution, and only after the commencement of removal proceedings by a committee of the National Assembly. The Commission for Gender Equality's Code of Conduct cannot confer upon itself a power that the Constitution reserves for the President. The Commission's suspension of the applicant was ultra vires, unlawful, and invalid. The alleged lacuna between misconduct and the commencement of parliamentary proceedings does not justify the usurpation of presidential powers;…

  • Chapter 9 Institutions
  • Suspension Of Commissioner
  • Ultra Vires
  • Constitutional Validity
  • Code Of Conduct
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