Counsel for the Economic Freedom Fighters, Tembeka Ngcukaitobi, faced intense questioning at the Constitutional Court on Thursday when he sought to persuade the justices that courts should treat interim interdicts against the public protector differently to other interim interdicts.
But on Thursday, Ngcukaitobi argued that the highest court should tailor a “public protector-specific” test for an interim interdict, which would only be granted in the strictest of circumstances. Variations of these two questions were repeated by a number of the justices. How, asked Justice Sisi Khampepe, would a temporary halt of an order of the Public Protector make her office less accessible? In his replying argument, Ngcukaitobi said that if the Constitutional Court were to go for a “refined Outa test” rather than a completely new test, it should include the accessibility and effectiveness of the PP’s office as one of the factors to consider.
Masuku argued that this was sufficient to satisfy the audi requirements of the Public Protector Act and the Constitution. But Madlanga suggested that his argument would mean that the position under the Constitution was less progressive than that under the common law: “Your submission is that the Constitution has introduced a retrograde step. Can that be so?,” he asked. Masuku answered that it would depend on what kind of remedial action had been directed by the Public Protector.
Based on the looting of Nkandla fixtures just give it another five years and there will be no more Nkandla to talk about.
franstaar SOEs & govt officials are stealing our tax money openly forming bogus intelligent until openly. It is true, this is a Banana Republic on the expense of millions & millions of poverty-stricken communities. I echo the sentiments which says ~ SA is a crime scene & Africa is CURSED
franstaar It was very entertaining to watch. I cannot sleep in a court hearing with TembekaNgcukai1
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