In Public Protector v Speaker of the National Assembly and Others, the Western Cape Division of the High Court upheld two of the Public Protector’s constitutional challenges to the rules governing the removal of heads of Chapter 9 institutions in terms of section 194 of the Constitution. The court declared the rules unconstitutional to the extent that they excluded the participation of a legal representative on behalf of the Public Protector in the committee proceedings. The court further declared unconstitutional the appointment of a judge to the independent panel which considers whether a ground of removal exists and makes a recommendation to the National Assembly for separation of powers concerns. However, the court declined to invalidate the rules based on several other grounds advanced by the Public Protector, which would have had the effect of stopping the removal process.

Full judgment

Judgment 28 July 2021 – The Public Protector v The Speaker of the National Assembly 2107 – 2020 Democracy in Action v The Speaker of the National Assembly oth