A decision by the Economic Freedom Fighters (the EFF) to seek direct access to the Constitutional Court on the Nkandla debacle, was the right decision. Although legal certainty regarding the Public Protector’s powers is an important matter, the Western Cape High Court in Democratic Alliance v SABC and Others arguably correctly clarified the law in this regard.

Introduction

1. The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a nonprofit organisation dedicated to promoting and upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including conduct, policy and draft legislation that might affect the Constitution and the values, rights or principles provided therein; to inform people and organisations of their constitutional rights; and to assist them in claiming their rights. We do so in the interest of every person in South Africa.
   

Johannesburg’s Hillbrow, a residential inner-city neighbourhood, is home to several dilapidated buildings, which house many of the city’s low income earners. Recently the Red Ant Security and Eviction Services, (the Red Ants) so called because of their red overalls and helmets, saw it prudent to evict dwellers from one such building, apparently at the behest of the building’s owner. This, despite it being winter in the Highveld, with temperatures that dip below zero at night.