ConCourt settles the law on the public protector and interim interdicts - The Mail & Guardian

NEWS ANALYSIS

But, politics and noise aside, the judgment from the Constitutional Court on Friday settled an important and new question of law. It has only been since thethat it was clarified that remedial action directed by the public protector is binding unless it is challenged in court. Once the courts clarified this, it threw up new questions, one of them being what is to happen in the meantime when someone does challenge a report in court.

But the highest court was not convinced. “This argument, while novel and interesting, has no merit,” said Acting Deputy Chief Justice Sisi Khampepe on behalf of a unanimous court. Nor did the granting of the interim interdict subvert her constitutional powers, as Mkhwebane’s counsel had argued. By completing her report and publishing it, the public protector had performed the duties and functions that the Constitution requires of her, said the judge.

There seems to be a political vedetta involved and someone could reap the benifit.

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