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SACP Statement, 26 October 2014 On the Powers and Functions of the Public Protector The SACP welcomes the clarification provided by Judge Ashton Schippers of the Western Cape High Court on, amongst other things, the powers and functions of the Office of the Public Protector. We welcome the clarification that the decisions and remedial action recommended by the Public Protector are not binding, though they must be engaged rationally. The SACP re-affirms the importance and necessity of the institution of the Public Protector, particularly its role in curbing excessive and indiscriminate use of state power, including in the fight against corruption. The SACP is however deeply concerned and worried about the fact that the current incumbent, Ms Thuli Madonsela, either does not understand the law in relation to the powers and functions of this important Office of the Public Protector or, even worse, she has been cynically manipulating the role of this office to give it the powers it does not have. Ms Madonsela has been misleading the public and misrepresenting the powers of this office by claiming that her decisions are binding unless reviewed by a court of law. She, together with the DA, the band of anti-majoritarian liberals as well as large sections of the media, have actually been telling a lie in this regard. In fact, as the SACP we have been concerned that this posturing by the Public Protector is tantamount to an attempt to usurp the powers of the judiciary. Our Constitution does not give any institution or person alone all the powers and functions of the police, the prosecution, magistrates and judges, the executive and related oversight and legislative bodies. The SACP calls upon Parliament to ensure that none of the Chapter 9 institutions abuse their powers by any overreaching conduct or by overstepping their mandate. Contact: Alex Mohubetswane Mashilo - National Spokesperson, Head of Communications Mobile: 082 9200 308 Office: 011 339 3621/2 Twitter: @2SACP Website: www.sacp.org.za -- -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . --- You received this message because you are subscribed to the Google Groups "YCLSA Discussion Forum" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. For more options, visit https://groups.google.com/d/optout.
