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Democratic Alliance v Public Protector; Council for the Advancement of the South African Constitution v Public Protector (11311/2018; 13394/2018) [2019] ZAGPPHC 132

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Democratic Alliance v Public Protector; Council for the Advancement of the South African Constitution v Public Protector (11311/2018; 13394/2018) [2019] ZAGPPHC 132

27th May 2019

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[1] The Democratic Alliance (the DA) and the Council for the Advancement of the South African Constitution (CASAC) launched applications based on the same facts. These applications, which were heard simultaneously, related to the investigating and reporting by the Public Protector (the PP) on the Free State's Department of Agriculture Vrede Integrated Dairy Project ("the Project") and sought to review and set aside the PP's report, because it was alleged that she acted unlawfully and in violation of her constitutional mandate in terms of section 182(1) of the Constitution and section 6 and 7 of the Public Protector's Act 23 of 1994, ("the PP Act'').

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[2] On 8 February 2018, the PP released Report, No 31 of 20187/2018 ("the Report') titled ''Allegations of ma/administration against the Free State Department of Agriculture - Vrede Integrated Dairy Project". The Report was the culmination of nearly four years of investigation by the incumbent PP and her predecessor, Adv Madonsela, into allegations of widespread corruption, maladministration and impropriety in respect of the Project.

[3] Both the DA and CASAC in essence sought an order that the PP's report be reviewed and set aside. Both also sought an order that the PP should pay the costs of this application in her personal alternative official capacity.

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