Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
Composition of the Constitutional Court in the first and second terms of 2015
Justice Chris Jafta is on long leave from 1 November 2014 to 31 March 2015. In addition, Justices Ray Zondo and Johann van der Westhuizen are on long leave from 1 February to 31 May 2015. The vacancy created by the retirement of Justice Thembile Skweyiya has not yet been filled.
In the stead of the judges on leave, and as against the current vacancy, Justice Zukisa Tshiqi and Justice Leona Theron of the Supreme Court of Appeal have been appointed as Acting Justices of the Constitutional Court until 31 May 2015. In addition, Judge‑President Mahube Betty Molemela, of the Free State High Court, has been appointed for the first two terms of 2015, until 31 May 2015. Deputy Judge-President Achmat Jappie, of the KwaZulu-Natal High Court, has been appointed for the first term of 2015, until 31 March 2015.BACK TO TOP