The Public Protector cannot realise the constitutional purpose of her office if other organs of State may second-guess her findings and ignore her recommendations. Section 182(1)(c) must accordingly be taken to mean what it says. The Public Protector may take remedial action herself. She may determine the remedy and direct its implementation. It follows that the language, history and purpose of s 182(1)(c) make it clear that the Constitution intends for the Public Protector to have the power to provide an effective remedy and direct its implementation.
Under the smooth guidance of state prosecutor Gerrie Nel, the case’s investigating officer Hilton Botha delivered what seemed to be a damning case against Pistorius in the morning session. But when defence advocate Barry Roux began his cross-examination of Hilton, it took very little time for things to fall apart. As a criminal lawyer pointed out to the Daily Maverick, “the skills of the prosecutor mean nothing if the IO [investigating officer] caves in the stand.” After a full grilling from Roux, the police work on the case was made to look sloppy and careless. – Rebecca Davis at Daily MaverickBACK TO TOP