The Powers and Duties of the Public Protector.

The Public Protector’s independence is constantly being questioned and sometimes even challenged. The Constitution states that the Public Protector is independent and is given powers and duties which assist in the exercise of such independence. However, the independence of the Public Protector is limited and thus debatable to a certain extent in that, as an institution, it is influenced by other constitutional structures, and this supports the argument that I agree with. Another factor to consider is the idea that the Public Protector, as an institution, supports South Africa’s constitutional democracy, which I also agree with.
The Public Protector’s powers are clearly set in the Constitution. These powers include the ability for the Public Prosecutor to investigate issues either on her own accord or after having received an accusation from any other person. With this comes the duty ordered in the Constitution, that the Public Protector, as an institution that supports South Africa’s constitutional democracy, must be consider all avenues in its’ actions and must do so without ‘fear, favour or prejudice’. This means that the choice on whether or not to pursue an investigation is sorely the choice of the Public Protector which shows us that the Public Protector is, indeed, independent of the state. However, my point of view is that the Public Protector’s independence is limited by means of the relationship it, as an institution, has with other constitutional structures such as the Executive, the Judiciary, and especially Parliament.
To expand on the above limitation of the Public Protector’s independence and powers, we look at the relationship the Public Protector has with Parliament; specifically the National Assembly. T...

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...82(c).
C Murray “The Human Rights Commission Et Al: What is the role of South Africa’s Chapter 9 Institutions?” (2006) 9 no 2 PER/PELJ 122 at 132.
C Murray “The Human Rights Commission Et Al: What is the role of South Africa’s Chapter 9 Institutions?” (2006) 9 no 2 PER/PELJ 122 at 129.
C Murray “The Human Rights Commission Et Al: What is the role of South Africa’s Chapter 9 Institutions?” (2006) 9 no 2 PER/PELJ 122 at 130.
Iain Currie and Johan de Waal The New Constitutional & Administrative Law (2001) 95.
C Murray “The Human Rights Commission Et Al: What is the role of South Africa’s Chapter 9 Institutions?” (2006) 9 no 2 PER/PELJ 122 at 130.
Constitution; s 181.
C Murray “The Human Rights Commission Et Al: What is the role of South Africa’s Chapter 9 Institutions?” (2006) 9 no 2 PER/PELJ 122 at 126.
Constitution; s 182(3).
Constitution; s 181(a).