Topic > The South African Constitution and the National Public...

This essay will examine the role of the institution of the National Public Protector (NPP) as enshrined in Chapter 9 of the South African Constitution in relation to constitutional democracy. Furthermore, an analysis of the powers, duties and institutional relationship (of the NPP) with the other institutions of chapter 9. The protection of constitutional democracy arises from the answer to 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 abuses by persons holding public office?" During the negotiations for a new constitution it was recognized that parties should agree on the creation of institutions with a mandate to promote democratic governance. Chapter 9 institutions of the South African Constitution can be defined as statutory institutions established by government, charged with protecting democratic governance. These institutions serve as a legislative measure to strengthen their importance vis-à-vis the architect of governance at the national level. The Constitution provides in section 181(2) a mandate for the NPP which highlights that it is an institution founded on strengthening democracy to ensure that all state bodies are held accountable, fairly and without prejudice. Furthermore, the nuclear power plant is independent and subject only to the Constitution and the law. In this regard, it is responsible to the National Assembly and is mandated to report on its activities at least once a year. Finally, no person or body of the State can interfere with its independence in the performance of its functions. In Public Protector v Mail & Guardian the judge pointed out that “the Constitution… in the middle of the paper… borders on what might be called a political invasion, and to look at what point this question deviates from the mandate of other institutions to assist the 'NPP in ensuring respect for constitutional democracy. BIBLIOGRAPHY Constitution of the Republic of South Africa Act 108 of 1996 Public Protector Act 23 of 1994 Executive Members Ethics Act 82 of 1998 Public Protector Act v Mail & Guardian Ltd (422 /10) [2011] ZASCA 108 (1 June 2011)Pienaar, G. 'Office of the Public Protector Pretoria' African Security Review vol. 9 No. 2 2000Musuva C 'Promoting the Effectiveness of Democratic Institutions in Southern Africa EISA Research Report No. 41 (2009)Friedman, S 'The government doesn't have to change the constitution to beat it'. Business Day, 12 August 2009 http://www.businessday.co.za/Madonsela clashes with MPs http://news.iafrica.com/sa/856952.html 3 May 2013