Recommendations of the Public Protector are binding unless set aside by a court. President Jacob Zuma and the National Assembly breached the Constitution by failing to implement the Nkandla report.
Decision by
Mogoeng CJ (unanimous)
Keywords
Exclusive jurisdiction
President's conduct
Public Protector's powers
Public Protector's remedial action
National Assembly's obligations
separation of powers
Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11 is an important judgment of the Constitutional Court of South Africa which finds that President Jacob Zuma breached the South African Constitution by failing to implement the recommendations in the Public Protector's Nkandla report.
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