Public protector is public's David against state Goliath

Chief Justice Mogoeng Mogoeng on Thursday said the public protector is the “embodiment of a biblical David” defending the public against the well-resourced Goliath of the state.

Delivering the Constitutional Court’s unanimous judgment in the Nkandla case‚ Mogoeng said the role and powers of the public protector must be understood.

He said the public protector’s office is pivotal to strengthening the country’s democracy and ensuring good governance and the constitution guarantees the independence and impartiality of the public protector.

Mogoeng called the public protector a crusader for anti-corruption and clean governance.

He said the dignity of the public protector must be protected and she would have no dignity if her directives could be ignored “willy nilly”.

He said remedial action ordered by the public protector is binding and cannot be ignored.

However‚ despite confirming the binding effect of the public protector’s remedial action‚ he said the circumstances of each case must be taken into account.

He said the public protector’s remedial action can be set aside by approaching the courts.

The judgment continues.