https://newsletter.po.creamermedia.com
Deepening Democracy through Access to Information
Home / Case Law / All Case Law RSS ← Back
Africa
Africa
africa
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Public Protector of South Africa v Chairperson: Section 194(1) Committee and Others (18882/2022) [2023] ZAWCHC 73


Close

Public Protector of South Africa v Chairperson: Section 194(1) Committee and Others (18882/2022) [2023] ZAWCHC 73

Should you have feedback on this article, please complete the fields below.

Please indicate if your feedback is in the form of a letter to the editor that you wish to have published. If so, please be aware that we require that you keep your feedback to below 300 words and we will consider its publication online or in Creamer Media’s print publications, at Creamer Media’s discretion.

We also welcome factual corrections and tip-offs and will protect the identity of our sources, please indicate if this is your wish in your feedback below.


Close

Embed Video

Public Protector of South Africa v Chairperson: Section 194(1) Committee and Others (18882/2022) [2023] ZAWCHC 73

Legal gavel

14th April 2023

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Click here to read the full judgment on Saflii

 

Advertisement

[1]          In this application, the applicant, the Public Protector of South Africa, Advocate Busisiwe Mkhwebane, seeks the following relief on an urgent basis:

‘…2. Declaring that first and/or second respondents’ decision(s):

Advertisement

2.1       to dismiss the recusal application(s) of the applicant taken on 17 October 2022;

2.2       taken on 27 October 2022, to dismiss the adjournment application and/or to continue with its proceedings as presently constituted, to be unlawful, invalid and/or unconstitutional; and/or

2.3       taken, and/or confirmed on or before 17 October 2022, to refuse and/or omit to summon, subpoena and/or recall relevant witnesses to testify at the enquiry.

3.         Setting aside the said decision/s referred to in prayer 2 above.

4.         Substituting the said decision/s with the following:

4.1       that the first respondent is hereby recused and/or removed from his office as Chairperson of the section 194(1) Committee; and/or

4.2       that Mr Kevin Mileham is hereby recused and/or removed from his membership of the section 194(1) Committee; and/or

4.3       relevant witnesses be subpoenaed and/or recalled to testify; and/or

4.4       that the Committee proceedings will only take place after its composition has been duly corrected and/or confirmed by this Honourable Court.

5.         Granting any further, appropriate, just and equitable remedies in terms of section 8 of PAJA, section 38 or section 172(1)(b) of the Constitution.

6.         Costs against any opposing respondents on the punitive scale.’

 

EMAIL THIS ARTICLE      SAVE THIS ARTICLE      ARTICLE ENQUIRY      FEEDBACK

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here


About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options

Email Registration Success

Thank you, you have successfully subscribed to one or more of Creamer Media’s email newsletters. You should start receiving the email newsletters in due course.

Our email newsletters may land in your junk or spam folder. To prevent this, kindly add newsletters@creamermedia.co.za to your address book or safe sender list. If you experience any issues with the receipt of our email newsletters, please email subscriptions@creamermedia.co.za