Constitutionalism, parliamentary condemnation and the South African public protector

Abstract

The South African Constitution under chapter 9 establishes state institutions that are mandated with the obligation to strengthen the concept of constitutional democracy in the Republic. The Constitution requires that other organs of state, through legislative and other measures, must assist and protect these institutions to ensure their independence, impartiality, dignity and effectiveness. One such institution established under chapter 9 is the office of the Public Protector whose mandate includes the power to investigate any conduct of state affairs and to take appropriate remedial action. It has been very active in clamping down on the constitutional breaches of other organs of state including Cabinet members and the institutions they oversee. This paper explores the effectiveness and enforceability of the remedial actions of the Public Protector and further examines the preservation of various constitutional values surrounding its processes. It establishes that the current legislative framework falls short of rendering the institution fully effective within a constitutional context.