This essay will look at the role of the institution of the National Public Protector (NPP) as enshrined in Chapter 9 of the South African Constitution with respect to constitutional democracy. Additionally, an analysis of the powers, duties and it’s (the NPP) institutional relationship with the other chapter 9 institutions.
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 mandate of advancing democratic governance. Chapter 9 institutions in the South African Constitution can be defined as statutory institutions established by government, mandated to protect democratic governance. These institutions serve as legislative measure to reinforce their significance with regards to the architect of governance at a national level.
The Constitution provides in section 181(2) a mandate of the NPP which highlights that it is an institution founded on strengthening democracy as to ensure that all state organs are held accountable, in a manner that is fair and not prejudice. Additionally, the NPP is independent and subject only to the Constitution and the law. In that regard, it is accountable to the National Assembly and is instructed to report on its activities at least once a year. Lastly, no person or organ of state may interfere with its independence in fulfilling its functions. In the case of Public Protector v Mail & Guardian the judge stressed that “the Constitution ...
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... borders into what one would call political encroachment, and to look at which point this question diverts from the mandate of other institutions to assist the NPP in ensuring constitutional democracy is upheld.
BIBLIOGRAPHY
The Constitution of the Republic of South Africa Act 108 of 1996
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Madonsela clashes with MPs’ http://news.iafrica.com/sa/856952.html 3 May 2013
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
Janda, Kenneth. "2 The Constitution." The Challenge of Democracy Government in America. Boston, MA: Houghton Mifflin, 2008. Print.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
...MP and the Constitution." New Zealand Journal of Political and International Law 7.1 (2009): 111-134. Hein Online. Web. 16 Mar. 2012.
At the behest of Solicitor General John Les, an inquiry was launched in February o...
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
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On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
In conclusion Nigeria has never been able to sustain a legitimate democracy. The legacies of British colonialism have created unstable political institutions that have been extremely susceptible to military coups. While ethnic tensions have lead to political party association and corruption, rent-seekers and continual economic decline have decreased support for the government. Although recently Nigeria has seen a shift away from military control as people have recognized its unsuccessfulness, questions still remain about the new democracy. Consider the last time this type of democracy was established, it only lasted four years. Given all these factors and the military history of OlusgunObasanjo, it is no wonder the new democracy is considered fragile.
...ellent policies, 5) the Constitution had come into existence through the working together of various groups that had composed South Africa, 6) South Africa's political and economic institutions are well established, 7) and that South Africa is by far the most developed country in Africa. However, there are still avenues that can impede further progress, more so economically then politically. Primarily the lack of foreign investment, especially when South Africa's gold and diamond reserves are emptied as other parts of economy are not as developed. Secondly, the economic gap between whites and blacks that was stretched during the time of apartheid needs to be tightened or else it could become dangerous to the stability of the political system. However, due to the leadership of Nelson Mandela, South Africa’s current government structure exists to solve these issues.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Tripp, A, M, 2003. The Changing Face of Africa’s Legislatures: Women and Quotas. Institute for Democracy and Electoral Assistance. Available from: Quotaproject.org
Democracy, in its truest sense, does not exist. There is no political authority currently existing where every person contributes an equal amount to the decision-making process of the authority’s directives. The election of officials and representatives by the populace does not, in itself, automatically result in the most democratic and widely accepted directives being enacted. However, this does not decrease the political power of the authorities, nor does it limit their practical power over their jurisdictions.