Public Protector welcomes SCA judgment

Public Protector Adv. Thuli Madonsela has welcomed the judgment of the Supreme Court of Appeal (SCA) in the matter between the South African Broadcasting Corporation and others versus the Democratic Alliance and others.

In a judgment delivered on Thursday, October 08, 2015, the SCA held that the remedial action by the Public Protector has legal effect and that, absent a review, the remedial action cannot be ignored by the state and public institutions.

The judgment confirms what the Public Protector has always known, which is that once she has made a decision, organs of state affected by the decision must implement unless her report is successfully reviewed by a court of law.

It also confirms her long-held belief that a Public Protector cannot be second-guessed, with parallel investigations conducted by other bodies and the outcomes thereof relied upon as the basis for not implementing the remedial action.

The Public Protector also views the judgment as a victory for the Gogo Dlaminis out there in that finally they get a forum that conclusively investigates their grievances, or alleged wrongs on the part of the state, with effective remedies.

She further thinks the judgment affirms the importance and independence of her office as an institution supporting constitutional democracy. It also affirms the supremacy of the Constitution, constitutional democracy and the rule of law.

The Public Protector applauds the judiciary for upholding the country’s innovative and ground-breaking Constitution. “The judgment affirms South Africa’s faith in the judiciary as the ultimate guardians of our Constitution,” she said.

For more information, contact:

Ms Kgalalelo Masibi
Spokesperson: Public Protector South Africa
Cell: 079 507 0399

Public Protector South Africa


Published Date: 
Thursday, October 8, 2015