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Minister of Home Affairs and Another v Public Protector of the Republic of South Africa and Another (76554/2013) [2016] ZAGPPHC 921

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Minister of Home Affairs and Another v Public Protector of the Republic of South Africa and Another (76554/2013) [2016] ZAGPPHC 921

28th October 2016

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The applicants seek an order reviewing and setting aside the final report by the first respondent ("the Public Protector") on an investigation into certain alleged conduct of employees of the Department of Home Affairs.  The final report is dated 25 July 2013.

In the alternative, orders are sought to review and set aside certain specific findings contained in the aforesaid final report.  There is also a prayer for declaratory relief to the effect that the Public Protector acted ultra vires her powers in making the findings and imposing the remedial actions contained in the report.

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The applicants also seek a costs order.

The application is opposed by the Public Protector.

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The second respondent, the aggrieved official of the Department of Home Affairs who asked the Public Protector to investigate the matter, played no active part in the proceedings.

 Before me, Mr Mokhari SC, with Mr Platt, appeared for the applicants and Mr Maleka SC, with Mr Ben Zeev, appeared for the Public Protector.

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