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The Public Protector of SA v The Speaker of the National Assembly and Others (8500 / 2022) [2022] ZAWCHC 117

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The Public Protector of SA v The Speaker of the National Assembly and Others (8500 / 2022) [2022] ZAWCHC 117

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10th June 2022

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[1]        This matter concerns one of the core values of our constitutional framework. The Public Protector is a Chapter 9 Institution that performs a vital function to strengthen our constitutional democracy by holding the executive and legislative branches of the State to account. The Public Protector reports to the National Assembly, which in turn has a constitutional obligation to hold the Public Protector to account, under certain circumstances and processes.

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[2]        This is an opposed application for an interim interdict, interdicting the implementation of certain crucial and significant executive and legislative functions. This application strikes at the very heart of our young democracy.

[3]        This is because the applicant seeks an order impeding the parliamentary respondents from continuing with their processes of deciding whether or not to remove Adv Mkhwebane from her office.

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