concourt judgement on public protector pdf

The minority judgement held that an order for personal costs against a representative litigant ought to bear a demonstrably clear correlation to the gravity of the wrongdoing that it is said to have occasioned. ConCourt dismisses Mkhwebane's appeal against Bankorp costs order. The minority judgment, penned by Mogoeng CJ (Goliath AJ concurring), held that the High Court judgment should have been set aside because not only was no harm shown to exist but the basic personal costs’ definitional requirements of gross negligence and bad faith were not shown nor were they met. (18) The Public Protector Act in section 6(4)(b) empowers the Public Protector, in her sole discretion, to resolve any dispute or rectify any act or omission by "mediation, conciliation or negotiation". The minority judgment held that courts exist not to crush or destroy, but to teach, caution or punish constructively. Switchboard: +27 11 359-7400 director@concourt.org.za Constitutional Court , 1 Hospital Street , Constitution Hill , Braamfontein , 2017. (2) The Public Protector has the additional powers and functions prescribed by national legislation." The Constitutional Court delivered judgment, on whether the public protector's subpoena powers extend to … JUDGMENT FRONEMAN J (Mogoeng CJ, Nkabinde ADCJ, Cameron J, Jafta J, Khampepe J, Mhlantla J, Mojapelo AJ, Pretorius AJ and Zondo J concurring): Introduction [1] One of the signature achievements of our constitutional democracy is the establishment of an inclusive and effective programme of social assistance. WATCH: ConCourt rules on Mkhwebane subpoena powers. The Court held, further, that while Ms Baloyi may also have a claim for unfair dismissal in terms of the LRA, nothing in the LRA required her to advance that claim in the Labour Court. The relevant background to Pursuant to a second review application brought by the Reserve Bank, the High Court set aside the Public Protector’s remaining recommended remedial action. Ms Baloyi launched an urgent application in the High Court, Gauteng Division, Pretoria, on the basis that the termination of her employment was unlawful and that the Public Protector had not complied with her constitutional obligations in terms of section 181(2) of the Constitution. CONCOURT JUDGEMENT ON THE NKANDLA MATTER President Jacob Zuma has noted and respects the judgement handed down by the Constitutional Court and its findings relating to the Public Protector Report on Nkandla, the President’s homestead. Written by Concourt Hits: 992 Louisah Basani Baloyi v Public Protector and Others CCT03/20 Written by Concourt Hits: 805 Economic Freedom Fighters v Minister of Justice and Constitutional Development and Another CCT201/19 [View Live Online Judgment … On 22 July, the majority of the Constitutional Court dismissed advocate Busisiwe Mkhwebane's application to set aside a judgment by the Gauteng Division of the … This meansthat the High Court’s jurisdiction will not be ousted by section 157(1) simply because a dispute falls within the overall sphere of employment relations. ... That judgment decided that public protector reports must be implemented unless set aside by a court. The Law Society of South Africa (LSSA) has welcomed the Constitutional Court judgment on the Public Protector (Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29) as the judgment brings finality to the matter. The notion of a bill of rights for South Africa can be traced back to an ANC document in the early 1920s. The Labour Court’s exclusive jurisdiction extends to disputes for which the Labour Relations Act creates specific rights and remedies, including, for example, unfair dismissal disputes. More in Local Public Protector Busisiwe Mkhwebane lied to court, ... ConCourt orders her to pay 15% out of her own pocket. +27 11 359-7400 This order followed from litigation between the Reserve Bank and the Public Protector in which the Reserve Bank was successful. The Constitutional Court said on Monday that public protector Busisiwe Mkhwebane's conduct in the Bankorp-Absa bailout matter fell far short of the high standards required of her office. It was for these reasons that the Public Protector’s appeal was dismissed. The High Court ordered the Public Protector, Ms Busisiwe Mkhwebane, to personally pay 15% of the costs of the South African Reserve Bank (Reserve Bank) on a punitive attorney and client scale, including the costs of three counsel. The Public Protector’s final report further required the Special Investigating Unit to approach the President to take certain steps to recover the ostensibly misappropriated public funds from ABSA Bank Limited who had purchased Bankorp Limited in 1992. The notion of a bill of rights for South Africa can be traced back to an ANC document in the early 1920s. Accordingly, it upheld Ms Baloyi’s appeal against the High Court’s finding on jurisdiction and remitted the matter to the High Court, Gauteng Division, Pretoria for a hearing de novo.1. Copyright © Constitutional Court of South Africa All Rights Reserved. The President appreciates and reaffirms the powers of the Constitutional Court as a — Public Protector SA (@PublicProtector) July 22, 2019. The High Court dismissed Ms Baloyi’s application on the basis that it did not have jurisdiction over the dispute, which it said should have been brought before the Labour Court. By virtue of section 157(2) of the Labour Relations Act, the High Court and the Labour Court share concurrent jurisdiction in respect of employment-related disputes over which the Labour Court does not have exclusive jurisdiction. In a majority judgment penned by Khampepe J and Theron J (Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Mhlantla J and Petse AJ concurring), the Constitutional Court held that there was no sound basis to justify an interference with the High Court’s exercise of its true discretion to award personal and punitive costs against the Public Protector. Public Protector Busisiwe Mkhwebane has “noted” the judgement against her by the Constitutional Court on Monday, which will require her to personally pay 15% of the fees incurred by the South African Reserve Bank in the Absa/Bankorp matter. After Monday's ruling, the public protector must now pay the costs which stemmed from the SARB's challenge against her report on its role in the apartheid-era bailout of Bankorp investigation. This Court concluded that the High Court erred in dismissing Ms Baloyi’s application on the basis that it was “essentially a labour dispute” and that its jurisdiction was not engaged. Public Protector v South African Reserve Bank CCT107/18. Moreover, the Constitutional Court found that the Public Protector had put forward a number of falsehoods in the course of litigation, including misrepresenting under oath before the High Court that the economic analysis which underpinned the final report was based on expert economic advice, which it was not. On Monday 22 July 2019 at 10h00, the Constitutional Court handed down judgment in the Public Protector’s application for direct leave to appeal against the personal and punitive costs order made against her by the High Court of South Africa, Gauteng Division, Pretoria (High Court). The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. enquiries@concourt.org.za, Date of Hearing:  27 November 2018Judgement Date: 22 July 2019. On 4 December 2020 at 09h30, the Constitutional Court handed down judgment in an application concerning the High Court’s jurisdiction over an unlawful termination of a fixed-term contract of employment. The Court held that the termination of a contract of employment has the potential to found a claim for relief for infringement of the LRA and a contractual claim for enforcement of a right that does not emanate from the LRA. The Public Protector concluded that some of these improvements did indeed exceed what was needed.7 10.2 Second, whether the expenditure incurred by the State in regard to the improvements was excessive, or amounted to opulence on a grand scale. This Court affirmed that section 157(1) does not afford the Labour Court general jurisdiction in employment matters. Furthermore, the Constitutional Court upheld the High Court’s finding that the Public Protector had acted in bad faith and agreed that she had exceeded the bounds of her potential indemnification under the Public Protector Act. The minority judgement further held that it cannot be seriousness or a mark of displeasure in a vacuum that is not supported by the danger that flows or could flow from the impugned conduct. In relation to the Reserve Bank’s conditional cross-appeal, the Constitutional Court held that in light of the High Court’s decision not to deal with the merits of the declarator, the Constitutional Court did not have the benefit of any other courts’ judgments on this matter. In a unanimous judgment penned by Theron J, this Court granted Ms Baloyi leave to appeal directly in relation to the jurisdictional challenge, but refused leave to appeal in relation to the merits (comprising the review relief and the declaratory relief). The order for costs against the Public Protector would, according to the minority, predictably ruin her financially and possibly shipwreck her occupation. ... We will study the judgment. Ms Baloyi also challenged the High Court’s finding that it did not have jurisdiction in relation to both the declaratory relief and the review relief (jurisdictional challenge). The Constitutional Court judgment confirming the personal punitive cost order against Public Protector Busisiwe Mkhwebane should make it impossible for her to continue in her job. The Reserve Bank successfully brought an urgent application before the High Court seeking to review and set aside this remedial action. Just 15 hours after President Cyril Ramaphosa blasted Busisiwe Mkhwebane in a televised address, the Public Protector was steamrollered in ConCourt. There are no signs the Constitutional Court is preparing to deliver judgment in the case between Public Protector Busisiwe Mkhwebane and the South African Reserve Bank (SARB) in the Absa-Bankorp lifeboat matter. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. They are granted when public officials fall egregiously short of what is required of them. 2 Coram: Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde J and Zondo J Judgment: Mogoeng CJ (unanimous) Heard on: 9 February 2016 Decided on: 31 March 2016 Summary: Legal Effect of Powers of Public Protector — Appropriate Remedial Action — Conduct of President — National Assembly In a scathing judgment delivered today, the Constitutional Court found that both Jacob Zuma and the National Assembly acted contrary to the Constitution in dismissing the findings of the public protector with regard to the Nkandla matter. President‟s security. The Freedom Charter of 1955 carried the idea forward. Louisah Basani Baloyi v Public Protector and Others CCT03/20. Switchboard: +27 11 359-7400 director@concourt.org.za Constitutional Court , 1 Hospital Street , Constitution Hill , Braamfontein , 2017. The Public Protector v Commissioner of SARS and Others CCT63/20 2020-12-15 Sonke Gender Justice NPC v President of Republic of South Africa and Others CCT307/19 2020-12-04 Louisah Basani Baloyi v Public Protector and Others CCT03/20 2020-12-04 On 19 June 2017, the Public Protector published her final report regarding the financial assistance of R1.125 billion that was provided by the Reserve Bank to Bankorp Limited between 1985 and 1991. +27 11 359-7400 ConCourt scrutinises interim interdicts in public protector ‘rogue unit’ case. enquiries@concourt.org.za. The applicant is Ms Louisah Basani Baloyi, the former Chief Operations Officer in the Office of the Public Protector. The Public Protector concluded that this complaint was also established.8 Yet , the Court was very harsh on the Public Protector because she “does not fully understand her constitutional duty”. The applicant is Ms Louisah Basani Baloyi, the former Chief Operations Officer in the Office of the Public Protector. The office of Public Protector Busisiwe Mkhwebane said the judgement by the North Gauteng High Court was disappointing as she was expecting the court to speak strongly against Pravin Gordhan. The Public Protector Advocate Busisiwe Mkhwebane on Monday endured a scathing assessment of her report on the South African Reserve Bank (SARB) at the Constitutional Court, which found that she had lied and used false documents to advance her cause… The Constitutional Court further held that it may be that the circumstances of this case justify the granting of a declaratory order sought by the Reserve Bank, but this order should not be granted in the absence of the Public Protector having had sufficient opportunity to respond to the request for the declarator. Furthermore, the Constitutional Court held that the Public Protector had failed to explain why she had not disclosed any of her meetings with the Presidency in the final report, or why, contrary to her general practise, she did not produce transcriptions of her meetings with the Presidency or the State Security Agency. The judgment is a major boost for Public Enterprises Minister Pravin Gordhan, ... “The Public Protector’s entire model of investigation was flawed. The remedial action recommended by the Public Protector directed the Chairperson of the Parliamentary Portfolio Committee to take steps to amend the Constitution in order to strip the Reserve Bank of its primary object of protecting the value of the currency and to amend its consulting obligations with the Minister of Finance. It is for the litigant to decide which cause of action to pursue. In addition, she failed to engage with the parties directly affected by her new remedial action before she published her final report. 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