FETTERING OF PRESIDENTIAL DISCRETION: DID THE PUBLIC PROTECTOR OVERREACH?

The President’s power to establish a commission of inquiry confers plethora discretionary powers for the Head State. In exercise this power, President acts alone, seemingly without constitutional obligation consult any public functionary or institution. This creates challenges question accountability that attends power. Following release State Capture Report, Public Protector found had inter alia outsourced his appoint cabinet members Gupta family, notwithstanding he was only one empowered in terms Constitution. Consequently, directed probe allegations further. argued overreached her and trespassed upon as judgment, High Court Protector’s direction lawful binding. article investigates whether may compel inquiry, such an order does not violate doctrine separation powers. It also probes nature extent investigatory powers, vis-à-vis discretion appointing inquiry. argues process is too broad should be curtailed enhance accountability.