The South African Constitution and The National Public Protector
The protection for constitutional democracy is borne out of answering a question dating back to the Roman Empire: “Quis custodiet ipsos custodies?” which translated means “who protects the rights and interests of the individual against possible abuse by persons in public office?” During party negotiations for a new constitution it was recognized that parties would have to agree on establishing institutions with the …show more content…
The case highlighted two most crucial interpretations regarding the mandate of the NPP. First it provided: “the function of the Public Protector is as much about public confidence that the truth has been discovered as it is about discovering the truth.” Secondly it highlighted the importance of the NPP insofar as “it provides what will often be a last defence against bureaucratic oppression, and against destroying the nation. If the institution falters or finds itself undermined the nation loses an indispensable constitutional guarantee.” It can be conferred from this that the NPP’s independence is foundational as a determining factor for its ability to ensure the guaranteed impartiality and actions taken without fear, favour or prejudice.
The nature of the mandate of the NPP relies on the independence of the institution as a