Public Protector's remedial action is binding: Concourt

Public Protector's remedial action is binding: Concourt

Chief Justice Mogoeng Mogoeng says compliance with remedial action recommended by the Public Protector should not be optional. 

Chief Justice Mogoeng Mogoeng
Gallo Images

Mogoeng has delivered the judgement on the Nkandla matter in the Constitutional Court. 


The EFF and DA lodged complaints with the court after President Jacob Zuma failed to comply with the Public Protector's recommendation that he pay back a portion of the money spent on his private home after finding he'd unduly benefited from the upgrades. 


Mogoeng says to effectively execute its duties, the office of the Public Protector is not to be inhibited or undermined.


"For this reason, remedial action taken against those under investigation cannot be ignored without any legal consequences. 


"This is so because our constitutional order hinges also on the rule of law. No binding and constitutionally or statutorily-sourced decision may be disregarded willy-nilly," he said.    


UPDATE: The Constutional Court has found that President Zuma's failure to implement the recommendations of the Public Protector on the non-security features at his private home in Nkandla were in violation of his constitutional duties.  


(File photo: Gallo Images)

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