JOHANNESBURG – The office of the Public Protector (PP) has warned against "insults" directed at the institution, saying individuals who do so could be fined up to R40,000 or face imprisonment for up to 12 months.
In a strongly worded statement, the PP’s office warned that insulting the Chapter 9 institution constitutes a criminal offence.
“Any person convicted of this offence may be liable, in terms of section 11 of the Act, to a fine not exceeding R40,000 or to imprisonment for a period not exceeding 12 months, or to both such fine and imprisonment,” the statement read.
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This follows public comments stemming from the Constitutional Court judgment on Parliament’s vote regarding the Phala Phala panel report. In 2023, a report by Public Protector Kholeka Gcaleka cleared President Cyril Ramaphosa over his handling of the matter.
The investigation focused on allegations of money laundering and kidnapping, ultimately concluding that Ramaphosa did not violate the Executive Ethics Code, although the matter faced intense scrutiny and legal challenges.
The PP's office said:
“The Constitutional Court judgment has no bearing on the Public Protector’s Report No.12 of 2023/2024, which is an investigation into allegations of violations of the Executive Ethics Code Against the President."
It added that the Constitutional Court judgment did not assess or overturn the Public Protector’s report, nor did it make findings on the issues investigated by the office.
“The right to freedom of expression, guaranteed under section 16 of the Constitution, is not unlimited. It is subject to lawful limitations and does not extend to conduct that constitutes a statutory criminal offence,” the statement added.