@article{2015:mwanawina:constituti,
title = {Constitutionalism, Parliamentary Condemnation and the South African Public Protector},
year = {2015},
note = {The South African Constitution under chapter 9 establishes state
institutions that are mandated with the obligation to strengthen the
concept of constitutional democracy in the Republic. The Constitution
requires that other organs of state, through legislative and other
measures, must assist and protect these institutions to ensure their
independence, impartiality, dignity and effectiveness. One such
institution established under chapter 9 is the office of the Public
Protector whose mandate includes the power to investigate any conduct
of state affairs and to take appropriate remedial action. It has been
very active in clamping down on the constitutional breaches of other
organs of state including Cabinet members and the institutions they
oversee. This paper explores the effectiveness and enforceability of
the remedial actions of the Public Protector and further examines the
preservation of various constitutional values surrounding its
processes. It establishes that the current legislative framework falls
short of rendering the institution fully effective within a
constitutional context.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {402--410},
author = {Mwanawina, Ilyayambwa and Lekonyane, Busisiwe Charmaine},
volume = {48},
number = {3}
}