DOCUMENTS

ANC notes WCape high court judgment relating to PP's powers

Party says findings of PP neither binding nor mere recommendations that can be arbitrarily accepted or rejected by an organ of state

ANC STATEMENT ON WC HIGH COURT JUDGEMENT RELATING TO PP

26 OCTOBER 2014

The African National Congress has noted the judgement delivered by the Western Cape High Court on Friday, 24 October, which amongst others made a reflection on the powers of the Public Protector specifically that "findings of the Public Protector are not binding and enforceable, if it was intended so... the Constitution would have said so". The Court further pronounced that while the findings of the Public Protector are not binding, these findings are not mere recommendations which may be arbitrarily accepted or rejected by an organ of state.

The African National Congress has been consistent in its vocal support for institutions that support and promote our constitutional democracy, noting that the Office of the Public Protector is an integral component of this machinery. Our commitment to safeguarding and upholding the Constitution of the Republic, its letter, spirit and intent is unwavering. Having noted the clarification provided by the Western High Court, the ANC reaffirms its support and confidence in the the Office of the Public Protector, our Chapter 9 Institution accountable to Parliament.  We trust that our Members of Parliament will continue to promote and defend the integrity and sanctity of this important institution in the discharge of its duties.

Statement issued by Zizi Kodwa, ANC national spokesperson, October 26 2014

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