@article{10.11648/j.ijls.20220504.11,
  author = {Nomthandazo Ntlama-Makhanya},
  title = {South Africa’s Legal and Constitutional ‘Rain’ Showering over the Office of the Public Protector},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {342-349},
  doi = {10.11648/j.ijls.20220504.11},
  url = {https://doi.org/10.11648/j.ijls.20220504.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.11},
  abstract = {The establishment of the office of the Public Protector alongside other Chapter 9 institutions in the Constitution 1996 in supporting South Africa’s constitutional democracy signaled the needed dramatic change in the promotion of good governance. The Public Protector is a unique institution that was designed as the cornerstone, pillar and foundation that has to ensure adherence to the effective implementation of the principles of the new constitutional dispensation. Its core and broad framework is to promote and rebuild an effective system of regulating public authority in ensuring adherence to the culture of justification on the exercise of such power. However, the office of the current Public Protector: Advocate Busisiwe Mkhwebane has since her appointment seem to be stifled by litigation that is initiated or brought against her office. The conspicuous feature is her description by the courts as incompetent, egregious, carries her duties in a biased way, unfit and a dishonest person that misconstrues the points of law that are foundational to the investigative role of her office. Debates have ensued and calls were made for her removal from office to an extent, an enquiry headed by former Justice Bess Nkabinde was established to investigate her competence and fitness to hold office. The enquiry recommended that she be removed subject to the parliamentary process. The process has already begun and the President has since suspended her from office. With this background, South Africa’s 28 years of democracy come in the wake of the damning court judgments against the current Public Protector: Advocate Busisiwe Mkhwebane. This paper provides an overview of the non-exhaustive list of selected cases of the various divisions of the High Courts including the Constitutional Court that described the Public Protector as unfit and incompetent in holding office. The paper argues that the said description by the courts negates the integrity and status of the office of the Public Protector. The argument and related cases are limited to the term of office of the current incumbent: Advocate Mkhwebane. It is also not the intention of this paper to make a personal description of the current incumbent and analysis of the cases vis-à-vis the process of the removal of the head of the Chapter 9 institutions but uses the language of the courts on their description of her holding office.},
 year = {2022}
}

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TY  - JOUR
T1  - South Africa’s Legal and Constitutional ‘Rain’ Showering over the Office of the Public Protector
AU  - Nomthandazo Ntlama-Makhanya
Y1  - 2022/10/11
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220504.11
DO  - 10.11648/j.ijls.20220504.11
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 342
EP  - 349
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.11
AB  - The establishment of the office of the Public Protector alongside other Chapter 9 institutions in the Constitution 1996 in supporting South Africa’s constitutional democracy signaled the needed dramatic change in the promotion of good governance. The Public Protector is a unique institution that was designed as the cornerstone, pillar and foundation that has to ensure adherence to the effective implementation of the principles of the new constitutional dispensation. Its core and broad framework is to promote and rebuild an effective system of regulating public authority in ensuring adherence to the culture of justification on the exercise of such power. However, the office of the current Public Protector: Advocate Busisiwe Mkhwebane has since her appointment seem to be stifled by litigation that is initiated or brought against her office. The conspicuous feature is her description by the courts as incompetent, egregious, carries her duties in a biased way, unfit and a dishonest person that misconstrues the points of law that are foundational to the investigative role of her office. Debates have ensued and calls were made for her removal from office to an extent, an enquiry headed by former Justice Bess Nkabinde was established to investigate her competence and fitness to hold office. The enquiry recommended that she be removed subject to the parliamentary process. The process has already begun and the President has since suspended her from office. With this background, South Africa’s 28 years of democracy come in the wake of the damning court judgments against the current Public Protector: Advocate Busisiwe Mkhwebane. This paper provides an overview of the non-exhaustive list of selected cases of the various divisions of the High Courts including the Constitutional Court that described the Public Protector as unfit and incompetent in holding office. The paper argues that the said description by the courts negates the integrity and status of the office of the Public Protector. The argument and related cases are limited to the term of office of the current incumbent: Advocate Mkhwebane. It is also not the intention of this paper to make a personal description of the current incumbent and analysis of the cases vis-à-vis the process of the removal of the head of the Chapter 9 institutions but uses the language of the courts on their description of her holding office.
VL  - 5
IS  - 4
ER  - 

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