BUSINESS DAY TV: Protector report is legally binding, but time frame is too tight
Bernard Hotz, is director of business crimes and forensics at Werksmans Attorneys BUSINESS DAY TV: The state capture report by Thuli Madonsela has set the cat among the pigeons. Apart from the political consequences there are some legal aspects to consider as well. In the News Leader studio to discuss this is Bernard Hotz, from Werksmans. Interesting discussion … we’re going to be discussing the legal aspects, so what legal standing does the report have? BERNARD HOTZ: What we’ve got to look at is the recent Constitutional Court judgment on Nkandla dealing with the legal validity of the public protector’s report. So we have a final report in which the public protector has made certain recommendations. Those recommendations have to be implemented. Now the effect of that is that one’s denying people access to justice, one’s following the rule of law. So a judicial commission of inquiry is going to be set up. BDTV: So is there legal obligations, you’re saying, to have a judicial commiss...
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