Public Protector Archives

Irrational illegal investigation: Protected disclosures?

by GilesFiles | May 28, 2021 | 2020 onwards, Common law, Consumer protection, Courts, Declaratory, Finance, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Public Protector, Review tests, Sectors, Termination (LRL 8), Topics | 0 |

Cawe v Public Protector of RSA In deciding that the investigation was not only irrational and illegal the high referred to the Public Protector’s claim that her power and jurisdiction justify extraordinary relief on the...

Tender process abused: supply chain regulatory framework

by GilesFiles | May 27, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Conduct & capability, Courts, Gross misconduct, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Non-profit organisations, Parties, Personal services, Public Protector, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Security for costs ordered: Factors enumerated

by GilesFiles | May 27, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Courts, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Parties, Personal services, Public Protector, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Producing relevant documents: UR 35(12) applied

by GilesFiles | Mar 11, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Courts, Declaratory, Evidence & onus, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Public Protector, Rules Codes & Manual, SCA judges, Supreme Court of Appeal, Topics | 0 |

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

Remedial action: Reviewed and set aside

by GilesFiles | Feb 16, 2018 | 2018, 2018, Banks, Bill of Rights, Courts, High Court, High Court judges, Judges, Landmark judgments, Legality principle, Legislation, PAJA 2000, Parties, Public Protector, Sectors, Thought Leaders, Topics | 1 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Binding Public Protector’s report: Implementation order

by GilesFiles | Dec 13, 2017 | 2017, 2017, Bill of Rights, Conduct & capability, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legality principle, Legislation, Public Protector, Topics | 0 |

 Essence Binding Public Protector’s report: Remedial action in the Public Protectors’ Report 6/2016/7 dated 14 October 2016 declared binding and President directed to appoint a commission of inquiry within 30 days...

Fit and proper person: Remedial action by Public Protector

by GilesFiles | Aug 15, 2017 | 2017, 2017, Bill of Rights, Central, Courts, High Court, High Court judges, John Murphy, Judges, Landmark judgments, Legality principle, philosophy / economics, Public Protector | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Public Protector ruling: Unfairness in public service

by GilesFiles | Oct 26, 2016 | 2016, Central, Courts, High Court, High Court judges, Judges, Practices (LRL 9), Public policy, Public Protector, Review tests, Statutes (LRL 2)-work | 1 |

Minister of Home Affairs v Public Protector of the Republic of South Africa (76554/2013) [2016] ZAGPPHC 921 (26 October 2016) per WRC Prinsloo J. Section 6(4)(a)(v) of the Public Protector Act empowers the Public Protector to...

State of Capture Report: Public Protector of South Africa

by GilesFiles | Oct 16, 2016 | Bill of Rights, Insights, philosophy / economics, Public Protector | 0 |

Thanks to the Southern African Legal Information Institute (SAFLII) it is possible to access the full report by clicking here. Excerpts “One of the crucial elements of our constitutional vision is to make a decisive break from...

Nuclear option: National Treasury under siege

by GilesFiles | Oct 12, 2016 | philosophy / economics, Public Protector | 0 |

“It’s no coincidence that [Stalingrad Defence] comes a day after Zuma also unveiled his new legal defence against the investigation by outgoing Public Protector Thuli Madonsella. After initially agreeing to answer all...

Public Protector’s powers: ConCourt’s final decision

by GilesFiles | Mar 31, 2016 | 2016, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, philosophy / economics, Public Protector, Words & phrases | 0 |

Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others (CCT 143/15; CCT 171/15) [2016] ZACC 11 (31 March 2016) per Mogoeng CJ [Moseneke DCJ,...

Public Protector reckoning: Nature and extent of powers

by GilesFiles | Feb 8, 2016 | 2016, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Public Protector, Words & phrases | 0 |

Economic Freedom Fighters v The Speaker of the National Assembly and Others and Democratic Alliance v the Speaker of the National Assembly and Others CCT 143/15 and CCT 171/15 – hearing date: 9 February 2016 “On...

Category: Public Protector