- 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)  ZACC 250.85 MB
1. The appeals by the Democratic Alliance (DA) and the President of the Republic of South Africa in CCT 251/22 and CCT 252/22 against the orders in paragraphs 187.5 and 187.6 of the Full Court’s judgment delivered on 9 September 2022 (Part B judgment) are upheld.
2. The conditional application for confirmation of the said orders of invalidity is dismissed.
3. The orders of the Full Court in paragraphs 187.5 and 187.6 of the Part B judgment are set aside and replaced with the following order:
“The prayers in paragraphs 3.2, 3.3 and 4 of the amended Notice of Motion to declare the decision to suspend the applicant issued on 9 June 2022 and the decision of the Section 194 Committee to commence the section 194 removal process to be irrational, unconstitutional and invalid and set aside in terms of section 172(1)(f) of the Constitution are dismissed.”
4. The appeals by the DA and the President in CCT 251/22 and CCT 252/22 against the costs order in paragraph 187.7 of the Part B judgment are dismissed.
5. The Public Protector’s conditional cross-appeals in CCT 251/22 and CCT 252/22 are dismissed.
6. The Public Protector’s application for leave to appeal in CCT 299/22 is dismissed.
7. In CCT 251/22 and CCT 252/22 there is no order as to costs.
8. In CCT 299/22 the Public Protector shall pay the costs in her personal capacity, such costs to include the costs of two counsel.