Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Assume that the former President, Mr Shinwana, refuses to appear before a commission of inquiry into maladministration and corruption during his term as President. The

image text in transcribed
Assume that the former President, Mr Shinwana, refuses to appear before a commission of inquiry into maladministration and corruption during his term as President. The head of the commission of inquiry, Judge Lediga, is a judge of the Constitutional Court. Judge Lediga was appointed by the Chief Justice pursuant to remedial action that established the commission of inquiry. Mr Shinwana's reason for refusing to appear before the commission are that he believes that the commission of inquiry does not have the power to compel him to appear and give testimony. Having failed to appear before the commission, the commission sought and received a court order conrming that Mr Shinwana was obliged to appear before the commission. Following this, Mr Shinwana persisted with his refusal, taunting the commission with public letters in which he accuses the commission of bias and prejudice against him. As a nal resort, the commission returned to the constitutional court with a claim that asked the court to issue a contempt of court order against Mr Shinwana. Prior to the hearing, Judge Lediga attends a party in which the Chief Justice is also in attendance. After exchanging pleasantries, Judge Lediga pulls the Chief Justice aside and tells him that 'The former President's appearance before the commission is essential to fullling the commission's mandate' she further states that the Chief Justice should 'Do the right thing for the people of South Africa and secure the former President's appearance before the commission of inquiry, the pending contempt off court case is our only hope'. Aggrieved by these statements, the Chief Justice approaches you for advice. Advice the Chief Justice on whether Judge Lediga has breached any constitutional obligations and set out what could happen if she is found to have breached the relevant constitutional obligation

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Legal Environment Of Business A Managerial Approach Theory To Practice

Authors: Sean Melvin, Enrique Guerra-Pujol

4th Edition

1260247805, 978-1260247800

More Books

Students also viewed these Law questions

Question

Define the word odds.

Answered: 1 week ago

Question

4. What means will you use to achieve these values?

Answered: 1 week ago