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SACP Statement, 26 October 2014

 

 

On the Powers and Functions of the Public Protector

 

 

The SACP welcomes the clarification provided by Judge Ashton Schippers of
the Western Cape High Court on, amongst other things, the powers and
functions of the Office of the Public Protector. We welcome the
clarification that the decisions and remedial action recommended by the
Public Protector are not binding, though they must be engaged rationally.

 

The SACP re-affirms the importance and necessity of the institution of the
Public Protector, particularly its role in curbing excessive and
indiscriminate use of state power, including in the fight against
corruption.

 

The SACP is however deeply concerned and worried about the fact that the
current incumbent, Ms Thuli Madonsela, either does not understand the law in
relation to the powers and functions of this important Office of the Public
Protector or, even worse, she has been cynically manipulating the role of
this office to give it the powers it does not have. Ms Madonsela has been
misleading the public and misrepresenting the powers of this office by
claiming that her decisions are binding unless reviewed by a court of law.
She, together with the DA, the band of anti-majoritarian liberals as well as
large sections of the media, have actually been telling a lie in this
regard. In fact, as the SACP we have been concerned that this posturing by
the Public Protector is tantamount to an attempt to usurp the powers of the
judiciary.

 

Our Constitution does not give any institution or person alone all the
powers and functions of the police, the prosecution, magistrates and judges,
the executive and related oversight and legislative bodies.   

 

The SACP calls upon Parliament to ensure that none of the Chapter 9
institutions abuse their powers by any overreaching conduct or by
overstepping their mandate.

 

 

Contact:

Alex Mohubetswane Mashilo - National Spokesperson, Head of Communications

Mobile: 082 9200 308

Office: 011 339 3621/2

Twitter: @2SACP

Website: www.sacp.org.za

 

 

 

 

 

 

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