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CORRUPTION WATCH ADMITTED AS AMICUS CURIAE IN MATTER BETWEEN HLAUDI MOTSOENENG AND THE DEMOCRATIC ALLIANCE
Corruption Watch has been granted leave to intervene as amicus curiae in Hlaudi Motsoeneng / Democratic Alliance & Others (SCA Case No. 393/15), a matter which is on appeal from the Cape High Court and which will involve a determination of the nature and status of the Public Protector remedial directions.
The High Court found that the Public Protector may merely make recommendations as to what action should be taken to address malfeasance by the state or by a state official and that such recommendations may be ignored as long as there is a rational basis for doing so.
Corruption Watch’s submissions are limited to the proper interpretation of section 182 of the Constitution which confers the power on the Public Protector to “take appropriate remedial action” in the face of a finding of malfeasance by the state or a state official.
David Lewis, Executive Director of Corruption Watch, commented: “Over the past year the lack of respect shown to the office of the Public Protector by the executive and members of the legislature and their response to her findings in a number of important investigations make it imperative that the courts determine her powers. It is in order to assist in resolving this key question that we have been granted the right to participate in this matter as a friend of the court. We intend to use this opportunity to persuade the court that the Public Protector’s remedial directions are indeed binding, subject to judicial review.”
Corruption Watch has therefore submitted that the language, history and purpose of section 182(1)(C) of the Constitution intends the Public Protector to have the power to provide an effective remedy for state misconduct and that remedial directions issued by the office of the Public Protector are binding, subject to judicial review.
Download:
SKM_364e15072011150 Corruption Watch’s amicus curiae application
08-07-2015(3) The response from the Supreme Court granting our application
Corruption Watch HOA Corruption Watch’s heads of argument
First appellant_s heads SCA The SABC’s heads of argument
Second Appellant_s heads 31.07.15 The communications minister’s heads of argument
DA v SABC – SCA Appeal – 3rd Appellant’s HOA(Final) The SABC COO’s heads of argument
PP Heads finalised 14.08.15 The Public Protector’s heads of argument
2015-08-12 Motsoeneng Heads SCA The Democratic Alliance’s heads of argument
