The Powers of the South African Public Protector: A Note on Economic Freedom Fighters v Speaker of the National Assembly

2020 ◽  
pp. 1-20
Author(s):  
Mtendeweka Mhango ◽  
Ntombizozuko Dyani-Mhango
Keyword(s):  
South African ◽  
Economic Freedom ◽  
Constitutional Court ◽  
National Assembly ◽  
Binding Effect ◽  
The Public ◽  
Freedom Fighters ◽  
Lower Courts ◽  
History Of ◽  
Remedial Actions

Abstract The scope of the powers of the Public Protector was one of the main questions for determination by the Constitutional Court in the landmark case ofEconomic Freedom Fighters vs Speaker of the National Assembly. This note critically examines that case, especially in relation to its finding that the remedial actions of the Public Protector have a binding effect. The note argues that the court erred by ignoring the text and history of the Constitution in its interpretations of the powers of the Public Protector. We argue that the Court got it wrong when it dismissed an argument that the powers of the Public Protector should be sourced from the Public Protector Act and not directly from the Constitution. In its critical analysis ofEconomic Freedom Fighters vs Speaker of the National Assembly, the note engages with two other related decisions from lower courts.

scholarly journals IN LIGHT OF ‘NKANDLA’, WHAT IS THE ROLE OF THE PUBLIC PROTECTOR IN UPHOLDING THE RULE OF LAW IN SOUTH AFRICA?

2016 ◽  
Author(s):  
Aadelah Shaik Yakoob
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Economic Freedom ◽  
National Assembly ◽  
The Rule Of Law ◽  
The Public ◽  
Freedom Fighters

The focus of this article will be to ascertain what role, if any, the Public Protector plays in achieving and upholding the rule of law as envisaged in section 1(c) of the Constitution. In doing so, I will assess the powers of the Public Protector as envisaged by the Constitution and supporting legislation and analyse the effect of recommendations made by the Public Protector. I will then offer a discussion on certain shortfalls within the legislation that have become a hindrance to the Public Protector achieving her mandate in practice. I will, further, highlight the importance of the powers of the Public Protector as an avenue to achieving the rule of law, and, offer an analysis of the judgments in South African Broadcasting Commission v Democratic Alliance and Economic Freedom Fighters v Speaker of the National Assembly. I will, finally, conclude by discussing possible solutions to the challenges faced by the Public Protector in practice and offer a summary of my views.

scholarly journals The Powers of the Office of the Public Protector and the South African Human Rights Commission: A Critical Analysis of SABC v DA and EFF v Speaker of the National Assembly 2016 3 SA 580 (CC)

2020 ◽  
Vol 23 ◽  
pp. 1-32
Author(s):  
Karthy Govender ◽  
Paul Swanepoel
Keyword(s):  
Human Rights ◽  
South African ◽  
Remedial Action ◽  
The South ◽  
Public Officials ◽  
National Assembly ◽  
The Public ◽  
Freedom Fighters ◽  
Judicial Scrutiny ◽  
The Impact

This article assesses South African Broadcasting Corporation v Democratic Alliance 2016 2 SA 522 (SCA) and Economic Freedom Fighters v Speaker of the National Assembly 2016 3 SA 580 (CC) and to a lesser extent the state of capture judgments. All of these deal with whether the findings and remedial action of the Public Protector (PP) are binding in certain circumstances. The judgments significantly change the impact and effect of findings made by the Office of the Public Protector (OPP) and have important consequences and lessons for other Chapter 9 institutions. It is apparent from these judgments that there was a concerted attempt to undermine the OPP by systematically disrespecting and not implementing the remedial action. It is argued in the article that egregious violations by public officials contributed to the courts' rulings that the findings of the PP may be binding. The article also explicitly records the unlawful conduct of public officials and the resultant cost and consequence in the hope that conduct of this nature is not repeated. It also specifically notes that the major findings in the Nkandla, SABC and State of Capture reports have withstood judicial scrutiny. Regrettably, this exalted standard has not always been replicated in the reports of the present PP. Finally, the article submits, on the basis of these judgments that the findings of the South African Human Rights Commission should in certain circumstances be binding.

scholarly journals The Representation of Religion in Religion Education: Notes from the South African Periphery

2018 ◽  
Vol 8 (3) ◽  
pp. 146 ◽  
Author(s):  
Abdulkader Tayob
Keyword(s):  
South African ◽  
Public Life ◽  
Educational Practice ◽  
The South ◽  
Policy Document ◽  
The Public ◽  
Public Representation ◽  
History Of ◽  
Pluralistic Approach ◽  
Religion In Public Life

Scholars of Religion Education (RE) have promoted a non-confessional approach to the teaching of religions that explores and examines the religious history of humankind, with due attention paid to its complexity and plurality. In this promotion, the public representation of religion and its impact on RE has not received sufficient attention. An often hegemonic representation of religion constitutes an important part of religion in public life. Moreover, this article argues that this representation is a phenomenon shared by secular, secularizing, and deeply religious societies. It shows that a Western understanding of secularization has guided dominant RE visions and practices, informed by a particular mode of representation. As an illustration of how education in and representation of religion merges in RE, the article analyses the South African policy document for religion education. While the policy promotes RE as an educational practice, it also makes room for a representation of religion. This article urges that various forms of the representation of religion should be more carefully examined in other contexts, particularly by those who want to promote a non-confessional and pluralistic approach to RE.

National Foresight in Korea: History of Futures Studies and Foresight in Korea

2018 ◽  
Vol 11 (3) ◽  
pp. 232-244
Author(s):  
Kyungmoo Heo ◽  
Yongseok Seo
Keyword(s):  
National Development ◽  
Futures Studies ◽  
Government Officials ◽  
Community Based ◽  
Public Interests ◽  
Public And Private ◽  
National Assembly ◽  
The Public ◽  
History Of

Public interests in coming futures of Korea continue to be increasing. Fears on uncertainties and pending challenges as well as demands on a new but Korea-own development model trigger a quantitative increase of futures research and relevant organizations in both public and private. The objective of this paper is to review history of futures studies and national development plan and strategy linked with foresight along with its challenges and recommendations. This paper identifies drawbacks and limits of Korea foresight such as misapplication of foresight as a strategic planning tool for modernization and economic development and its heavy reliance on government-led mid- and long-term planning. As a recommendation, an implementation of participatory and community-based foresight is introduced as a foundation for futures studies in Korea. A newly established research institute, the National Assembly Futures Institute, has to be an institutional passage to deliver opinions of the public, a capacity-building platform to increase the citizen’s futures literacy, and a cooperative venue for facilitating a participation and dialogue between politicians, government officials, and researchers.

Populist parties shifting the political discourse? A case study of the Economic Freedom Fighters in South Africa

2021 ◽  
Vol 59 (4) ◽  
pp. 535-558
Author(s):  
Marine Fölscher ◽  
Nicola de Jager ◽  
Robert Nyenhuis
Keyword(s):  
South African ◽  
Economic Freedom ◽  
African National Congress ◽  
Party Leaders ◽  
Political Discourses ◽  
Popular Appeal ◽  
Freedom Fighters ◽  
Dominant Parties ◽  
South African Politics

ABSTRACTThis article examines the use of populist discourse in South African politics. We investigate speeches of leaders from the ruling African National Congress (ANC) and opposition parties, the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF). We find that the EFF consistently employs populist appeals, while both the incumbent ANC and official opposition DA largely refrain. Our longitudinal analysis allows an examination of fluctuation across party leaders and electoral cycles, and illustrates that neither the ANC nor the DA have modified their political discourses in light of a rising populist challenger. However, there is some evidence that the two most dominant parties have reformed their programmatic offerings and behaviour in an attempt to compete with the EFF's popular appeal. The South African case offers important insights into the study of oppositional populism on the African continent, and a window into how major political parties may respond to emerging populist contenders.

scholarly journals Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa

2020 ◽  
Vol 34 (2) ◽  
pp. 191-203
Author(s):  
Julia Sloth-Nielsen
Keyword(s):  
South Africa ◽  
South African ◽  
Corporal Punishment ◽  
Cultural Beliefs ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Correct Decision ◽  
The South ◽  
Constitutional Development ◽  
History Of

Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rights jurisprudence in South Africa. There are a number of inadequacies and strangely deferential statements in the FORSA decision. Whilst inescapably coming to the constitutionally correct decision, the reluctance of the Court to reach this point, and its desire to accommodate the religious and cultural beliefs of the appellants, is evident. The way forward has, as a result, been left rather obscure.

South African lockdown easing should reduce hardship

2020 ◽  
Keyword(s):  
South African ◽  
Infection Rate ◽  
Economic Freedom ◽  
State Capacity ◽  
Political Capital ◽  
Death Rates ◽  
Content Type ◽  
Poor State ◽  
Religious Services ◽  
Freedom Fighters

Significance The re-opening comes despite an infection rate that is expected to peak only later this year. Impacts The Economic Freedom Fighters and ANC-aligned populists will try to make political capital out of increasing infection and death rates. The government’s failure to deliver promised COVID-19 relief quickly and effectively has thrown fresh light on poor state capacity. Allowing church and other religious services to re-open has raised renewed questions over the coherence of Pretoria’s regulations.

An Opportunity Missed for Male Rape Survivors in South Africa: Masiya v Director of Public Prosecutions and Another

2008 ◽  
Vol 52 (2) ◽  
pp. 284-301 ◽  
Author(s):  
Ntombizozuko Dyani
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
Vulnerable Group ◽  
Rape Survivors ◽  
Form Part ◽  
Lower Courts ◽  
The Common ◽  
Definition Of ◽  
Anal Penetration

AbstractThe Constitutional Court of South Africa recently handed down a judgment on the extension of the common law definition of rape to include anal penetration of women, but not of men. The court argued that women form part of the most vulnerable group in society. This article analyses the court's judgment and argues that the court should have included anal penetration of men in the light of South African lower courts' decisions, international law and the fact that there is currently a law before parliament which pertains to the anal penetration of men. The article also argues that the court should have taken into consideration that this case involved a child, who is also from the most vulnerable group in society.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

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