Section 181(2) specifically states that these institutions are subject only to the Constitution and the law in addition to asserting their independence and impartiality. My understanding is that their decision cannot be second guessed by anyone, including the Executive and the Legislature and that only a court of law may review their decisions. It is important to note that other organs of state are enjoined by subsection 3 to respect and support them to ensure inter alia, their dignity and effectiveness. You must agree with me that the starting point for unpacking these institutions is their common genesis in section 181. You will agree with me that the next step is the constitutional wording giving them specific powers and clarifying their unique role in supporting and strengthening constitutional democracy. What then are the specific powers of the Public Protector? The specific powers of the Public Protector are outlined in section 182 of the Constitution. Section 182 (1) states that: The Public Protector has the power, as regulated by national legislation – To investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; To report on that conduct; and To take appropriate remedial action. (2) The Public Protector has the additional powers and functions prescribed by national legislation. (3) The Public Protector may not investigate court decisions. (4) The Public Protector must be accessible to all persons and communities. (5) Any report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.” It is important to note that the power to take appropriate remedial action is a unique power that the Public Protector did not have when it was first established under the
Section 181(2) specifically states that these institutions are subject only to the Constitution and the law in addition to asserting their independence and impartiality. My understanding is that their decision cannot be second guessed by anyone, including the Executive and the Legislature and that only a court of law may review their decisions. It is important to note that other organs of state are enjoined by subsection 3 to respect and support them to ensure inter alia, their dignity and effectiveness. You must agree with me that the starting point for unpacking these institutions is their common genesis in section 181. You will agree with me that the next step is the constitutional wording giving them specific powers and clarifying their unique role in supporting and strengthening constitutional democracy. What then are the specific powers of the Public Protector? The specific powers of the Public Protector are outlined in section 182 of the Constitution. Section 182 (1) states that: The Public Protector has the power, as regulated by national legislation – To investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; To report on that conduct; and To take appropriate remedial action. (2) The Public Protector has the additional powers and functions prescribed by national legislation. (3) The Public Protector may not investigate court decisions. (4) The Public Protector must be accessible to all persons and communities. (5) Any report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.” It is important to note that the power to take appropriate remedial action is a unique power that the Public Protector did not have when it was first established under the
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