Zimbabwe Rule of Law Journal |161 The applicants submitted that the public protector’s remedial actions were binding and enforceable unless set aside by a court of law and could not be diluted, ignored or circumvented by other organs of State which are constitutionally obliged to ensure the protection of the public protector’s dignity and effectiveness. In reaching its findings, the constitutional court had to address preliminary issues relating to the powers of the public protector; the powers and functions of Parliament in holding the executive accountable for its conduct; and the powers of the courts regarding its jurisdiction to preside over such proceedings. The Court’s Jurisdiction Using a contextual and purposive interpretation of s 167, the constitutional court affirmed its powers and exclusive jurisdiction to decide that Parliament or the President had failed to fulfil a constitutional obligation7 and further that only the constitutional court could decide whether or not the conduct of the President was constitutional.8 However, the determination of whether or not the President had failed to fulfil a constitutional obligation was dependant on whether there existed an obligation specifically imposed on the President to observe or refrain from a certain conduct. The Duty of the President That there did exist a specific obligation on the President of the Republic of South Africa imposed by the constitution of South Africa was recognised by the constitutional court in its reliance on s 83 (b) which refers to the duty of the President to uphold, defend and respect the constitution. The court then linked the constitutional obligation imposed by s 83 (b) to s 182 (c) which empowers the public protector to take appropriate remedial action in respect of any conduct by government officials or public administrators which is improper or results in any impropriety or prejudice. Even more specific is the fact that the President as an organ of the State is required to promote and protect State institutions 7 Section 167 (4) Constitution of South Africa 8 Section 167 (5)

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