Public Protector vs Democratic Alliance – Judgment: (Recusal Application) Case Numbers 11311/2018 and 13394/2018
The Council for the Advancement of the South African Constitution and the Democratic Alliance approached the High Court to have the Public Protector’s Report on the Estina Dairy Project set aside with a request that costs be paid by the Public Protector in her personal capacity. Judge Tolmay has issued the following order:
- It is declared that in investigating and reporting on the Vrede Dairy Project for purposes of her report No. 31 of 2017/2018 dated 8 February 2018, the PP failed in her duties under section 6 and 7 of the Public Protection Act and Section 182 of the Constitution.
- The PP’s report No.31 of 2017/2018 date 8 February 2018 is accordingly reviewed, set aside and declared unlawful, unconstitutional and invalid.
- The costs order is postponed sine die.
The Judgment states that her decision to limit the scope of her investigation so dramatically was irrational as this side stepped all the crucial aspects regarding the complaints and led to a failure on her part to execute her constitutional duty. It further states that the steps taken by the Public Protector seem wholly inadequate considering the magnitude importance of the claims raised.
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