20°C / 22°C
  • Wed
  • 27°C
  • 14°C
  • Thu
  • 19°C
  • 13°C
  • Fri
  • 18°C
  • 12°C
  • Sat
  • 21°C
  • 13°C
  • Sun
  • 25°C
  • 13°C
  • Wed
  • 27°C
  • 16°C
  • Thu
  • 27°C
  • 16°C
  • Fri
  • 30°C
  • 19°C
  • Sat
  • 25°C
  • 17°C
  • Sun
  • 20°C
  • 16°C
  • Wed
  • 28°C
  • 16°C
  • Thu
  • 22°C
  • 15°C
  • Fri
  • 18°C
  • 13°C
  • Sat
  • 22°C
  • 14°C
  • Sun
  • 27°C
  • 14°C
  • Wed
  • 27°C
  • 13°C
  • Thu
  • 17°C
  • 12°C
  • Fri
  • 20°C
  • 12°C
  • Sat
  • 23°C
  • 13°C
  • Sun
  • 26°C
  • 13°C
  • Wed
  • 24°C
  • 20°C
  • Thu
  • 22°C
  • 18°C
  • Fri
  • 24°C
  • 18°C
  • Sat
  • 27°C
  • 19°C
  • Sun
  • 28°C
  • 21°C
  • Wed
  • 19°C
  • 15°C
  • Thu
  • 22°C
  • 15°C
  • Fri
  • 24°C
  • 17°C
  • Sat
  • 26°C
  • 18°C
  • Sun
  • 21°C
  • 16°C
  • Wed
  • 27°C
  • 14°C
  • Thu
  • 34°C
  • 14°C
  • Fri
  • 36°C
  • 18°C
  • Sat
  • 34°C
  • 15°C
  • Sun
  • 22°C
  • 11°C
  • Wed
  • 25°C
  • 15°C
  • Thu
  • 29°C
  • 16°C
  • Fri
  • 31°C
  • 19°C
  • Sat
  • 29°C
  • 17°C
  • Sun
  • 21°C
  • 14°C
  • Wed
  • 30°C
  • 18°C
  • Thu
  • 25°C
  • 16°C
  • Fri
  • 22°C
  • 15°C
  • Sat
  • 26°C
  • 15°C
  • Sun
  • 28°C
  • 14°C
  • Wed
  • 26°C
  • 12°C
  • Thu
  • 18°C
  • 12°C
  • Fri
  • 22°C
  • 11°C
  • Sat
  • 26°C
  • 12°C
  • Sun
  • 26°C
  • 14°C
  • Wed
  • 25°C
  • 15°C
  • Thu
  • 24°C
  • 13°C
  • Fri
  • 26°C
  • 12°C
  • Sat
  • 21°C
  • 13°C
  • Sun
  • 32°C
  • 13°C
  • Wed
  • 19°C
  • 14°C
  • Thu
  • 21°C
  • 14°C
  • Fri
  • 22°C
  • 16°C
  • Sat
  • 26°C
  • 17°C
  • Sun
  • 19°C
  • 14°C

'ConCourt Nkandla ruling clarifies Public Protector's powers'

The Human Rights Commission says questions over the Public Protector’s powers have been put to rest.

FILE: Public Protector Thuli Madonsela. Picture: Christa Eybers/EWN.

JOHANNESBURG - The chairperson of the Human Rights Commission says the Constitutional Court hearing into the Nkandla debacle was a necessary step to put debates and questions over the Public Protector's powers to rest.

Advocate Lawrence Mushwana says while there were attempts to get around the remedial action recommended by advocate Thuli Madonsela, he doesn't believe all the actions were intentional efforts to undermine the Constitution.

Last month, the court ordered President Jacob Zuma to pay back money spent on non-security upgrades to his private home, finding he had failed to uphold the Constitution by ignoring the Nkandla report.

Mushwana says while the law appears straightforward on paper, loopholes can always be found.

"The law is never perfect, there are too many loopholes, no matter how much you try."

He says with regards to legislation on the Public Protector's remedial action, there were areas that could be used to question the powers of the office.

"Who is supposed to implement the remedial action practically? Is it by writing? Or by writing to the Speaker in Parliament? Who implements the remedial action?"

Mushwana says the court ruling has reminded South Africans that they can't pick and choose from the Constitution, which is the foundation of the country's democracy.

Comments

EWN welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

- Racism (including offensive comments based on ethnicity and nationality)
- Sexism
- Homophobia
- Religious intolerance
- Cyber bullying
- Hate speech
- Derogatory language
- Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the EWN community a safe and welcoming space for all.

EWN reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

EWN is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

comments powered by Disqus