18 Questions
What remedial powers does the Public Protector have according to the text?
Instructing the President to perform Head of State functions
In what situation did the Public Protector order the Chief Justice to appoint the person to chair state capture?
When the President was implicated in State Capture
Who must act as President according to section 90 of the Constitution when the President is unable to fulfil the duties of office?
The Deputy President
Why was the President unable to appoint a new National Director of Public Prosecutions according to the text?
Due to a conflict of interest as he faced corruption charges
Which official has the sole power to appoint or dismiss Deputy Presidents, Ministers, or Deputy Ministers according to the text?
President
What did the Court rely on when determining that Zuma was clearly in a conflict of interest and unable to act?
'Zuma's Own Confession'
What is the President's responsibility according to the text?
To defend, protect, and uphold the Constitution
Which section of the Constitution specifies the President's breach of mandate in relation to the Public Protector's remedial action?
Section 83
What is a role of Parliament as highlighted in the text?
Holding the President accountable
What could happen if there is an over-reliance on section 83 as mentioned in the text?
Marginalization of other courts invoking Constitutional Court jurisdiction
What is emphasized in sections 181 and 182 regarding the Public Protector's role?
Acting independently and impartially
Why did the Court declare that both the President and National Assembly acted in breach of their mandates?
For failing to hold the President accountable
What does the text suggest about the powers of the Public Protector?
They are subject to judicial review.
According to the Court, what does disregarding a decision grounded in the Constitution without recourse to a Court of law amount to?
Self-help.
In terms of remedial action, what did the Court confirm the President failed to do?
Uphold, defend, and respect the Constitution.
Why did the Court consider it judicial overreach for the judiciary to prescribe to the National Assembly (NA) how to hold the Executive accountable?
The process of holding the Executive accountable is within the NA's domain.
What was the significance of the NA establishing the correctness of the Public Protector's report before holding the Executive accountable?
To ensure transparency and fairness in decision-making.
What did the Court say about ignoring remedial action from the Public Protector's office?
"It must not be ignored without recourse to a Court of law."
Test your knowledge on the Public Protector's remedial powers and the case where the Chief Justice was instructed to appoint someone due to conflict of interest. Explore the implications of the Public Protector's actions in the context of state capture.
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