https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / High Courts RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by

Close

Article Enquiry

Public Protector v Speaker of the National Assembly and Others (2107/2020) [2020] ZAWCHC 117

Verification Image. Please refresh the page if you cannot see this image.
Close

Embed Video

Public Protector v Speaker of the National Assembly and Others (2107/2020) [2020] ZAWCHC 117

13th October 2020

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Click here to read the full judgment on Saflii

[1] The legal integrity of the process for the removal of office bearers of Chapter 9 Institutions[1] in terms of the Constitution Act 108 of 1996 is central to the determination of this application. In these proceedings, characterised as Part A, the Public Protector as the applicant seeks an interim interdict against the respondents (other than those who are also Chapter 9 institutions and cited only as interested parties) and in particular, the Speaker in the National Assembly (NA) the first respondent, from taking any further steps in a process in the NA that could result in her impeachment in terms of the provisions of Section 194 of the Constitution[2] and conducted in terms of newly adopted Rules(the new Rules) that the applicant seeks to have set aside[3]. The applicant also seeks various forms of alternative relief. The relief sought by the applicant in Part A is supported by the sixteenth respondent, the African Transformation Movement (ATM) while the first respondent and the tenth respondent the Democratic Alliance (the DA) oppose the relief. The President of the Republic, the second respondent abides the decision of this court and filed an explanatory affidavit.

Advertisement

[2] In Part B that is to follow, the applicant seeks, amongst other relief, a declaratory order in respect of the legality and constitutionality of the new Rules which governs the removal process in the National Assembly for office bearers of Chapter 9 Institutions in terms of Section 194 of the Constitution. She also seeks a declaratory order that the new Rules do not operate with retrospective effect in respect of conduct prior to 6 December 2019, the date on which the new Rules were adopted in the National Assembly. She further seeks to review and set aside the adoption of the new Rules by the National Assembly and a decision of the first respondent in approving a motion for the removal of the applicant brought by the chief whip of the tenth respondent in Parliament.

 

Advertisement

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now