Page 73 - Litigating Land and Housing in South Africa: Lessons and Reflections

6 2 7 Strategy successes and failures
Media coverage post-judgment also means that the the the the principles established in in in in in the the the the case – – namely the the the the duty of the the the the Public Protector Protector to to to to to to investigate complaints properly act independently and and and fulfil her constitutionally mandated duties – – have been communicated to to to to to to many people to to to to to to raise awareness of the the standard to to to to to to which the the Public Protector Protector must be be held Having a a a a a a a a a a a a joint hearing with Democratic Alliance meant that there there were two applicants in in in in in separate cases challenging the the the Report on different grounds thereby
6 2 8 Implementation of the judgment increasing the the the pressure and attention to to to the the the matter This led the the the Public Protector to to to complain of a a a a a a a a a political plot against her Following the the the the the the order of the the the the the the Pretoria Pretoria High High Court Court the the the the the the Public Public Protector Protector lodged an an application application for leave to to to to to appeal This application application application was was dismissed dismissed by by by the the the the the the the Pretoria Pretoria High High Court Court Court and the the the the the the the Public Public Protector Protector subsequently petitioned the the the the the the the Supreme Court Court Court of Appeal CASAC CASAC represented by by by LRC LRC opposed this most recent application application which which was was dismissed dismissed by by by the the the the the SCA The Public Protector has has now appealed to to to the the Constitutional Court Court which which CASAC CASAC has has instructed LRC LRC to to to also oppose The Costs Order that accompanied the the declarator and review has a a a a a a a a a a a a direct impact on the the the Public Protector because it it required her her to to pay 7 5% of CASAC’s and the the DA’s costs in her her personal capacity This could add up to a a a a a a substantial sum of money The Pretoria High Court’s judgment emphasises the the enormity of o the the the Public Protector’s failure to to to issue a a a a report which properly identified the the the high-profile individ- uals who profited at the the the expense o o of of of poor communities The office o of of of of the the Public Protector was established to to investigate abuses of of of of public power particularly for the purpose of of protecting people who have been adversely affected by it it it it The enormity of the the hardship visited upon the the the communities who were were promised jobs empowerment and and skills development but were were then let down because of of maladministration and and corruption cannot be be under-emphasised The failure of of the Public Protector to to to recognise this or or to to to hold those responsible accountable only disadvantages the the intended bene- ficiaries further The judgment makes it clear that in in in in instances where the the the Public Protector fails in in in in in in her her her duty to to protect the the the vulnerable by investigating fully and holding the the implicated officials responsible she will be held accountable LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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