Question
In the Constitutional Court decision of Economic Freedom Fighters and Others v Speaker of the National Assembly and Another 2018 (2) SA 571 (CC) the
In the Constitutional Court decision of Economic Freedom Fighters and Others v Speaker of the National Assembly and Another 2018 (2) SA 571 (CC) the Chief Justice in his dissenting judgment noted that:
'The second judgment is a textbook case of judicial overreach - a constitutionally impermissible intrusion by the Judiciary into the exclusive domain of Parliament.'
Section 84(2)(f) of the Constitution1 confers upon the President the power to appoint a commission of inquiry. It is an original constitutional power that vests in the President as Head of State.
You are required to consider and discuss with reference to relevant case law whether the decision of the then Public Protector, Adv. Thuli Madonsela that the President must appoint a commission of inquiry headed by a judge solely selected by the Chief Justice2 was also a matter of a ?textbook case of Chapter 9 institutions overreach
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