Click here to read the full judgment on Saflii
The right of members of the public to participate meaningfully in democratic governance is a hallmark of our constitutional democracy. Public involvement in the legislative and other processes of all three spheres of government is not merely a fashionable accessory; it is a thread woven into the fabric of our democracy.
This case concerns an alleged failure, on the part of the National Assembly, to comply with its constitutional obligations to facilitate public involvement in the appointment of Commissioners to the Commission for Gender Equality (CGE). It comes before the Court by way of an application in terms of section 167(4)(e) of the Constitution[1] for an order to declare the appointments of certain Commissioners to be invalid. Reliance is placed upon section 193(6) read with section 59(1)(a)[2] of the Constitution.
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