STATEMENT BY BRETT HERRON, GOOD SECRETARY-GENERAL
1 July 2021
For a second time in any as many days the Constitutional Court upheld the supremacy of the rule of law.
The majority decision upheld the principle that the Public Protector’s adjudication powers are derived from the constitution, and other legislation, and that the office of the Public Protector cannot exceed these powers or her mandate.
We welcome the consistent message coming from the ConCourt that the rule of law is supreme and applies to every South African regardless of the high office or public position any person holds.
The Public Protector was found to have exceeded her powers and to have disregarded the basic procedural law rule that required her to hear from the President before making an adverse finding against him.
It is important to emphasise that the Constitution and the body of South African law is supreme and no person is above it.
This principle has now been asserted twice this week – on Tuesday with the finding against President Zuma and again in today’s decision by the ConCourt.
The ConCourt is itself bound by the Constitution and that body of law. And so, while there is a legitimate public interest in full transparency of political funding the ConCourt was not empowered to entertain this.
It is up to Parliament to address the extent to which political funding needs to be of public record, including funding for internal party campaigns, by addressing this in legislation.
It is important and legitimate to know who funds political campaigns.
This cause is not assisted by the Public Protector acting outside her mandate to make a scandalous finding of money-laundering against the President.
Ends…