| Glenister v President | |
|---|---|
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| Court | Constitutional Court of South Africa |
| Full case name | Glenister v President of the Republic of South Africa and Others |
| Decided | 17 March 2011 |
| Docket nos. | CCT 48/10 |
| Citations | [2011] ZACC 6; 2011 (3) SA 347 (CC); 2011 (7) BCLR 651 (CC) |
| Case history | |
| Prior actions | High Court of South Africa, Western Cape Division – Glenister v President of South Africa and Others [2010] ZAWCHC 92 |
| Related actions | Glenister v President of the Republic of South Africa and Others [2013] ZACC 20 (costs) |
| Court membership | |
| Judges sitting | Ngcobo CJ, Moseneke DCJ, Cameron J, Froneman J, Mogoeng J, Nkabinde J, Skweyiya J, Yacoob J and Brand AJ |
| Case opinions | |
| Decision by | Moseneke DCJ and Cameron J (Froneman, Nkabinde, and Skweyiya concurring) |
| Dissent | Ngcobo CJ (Brand, Mogoeng, and Yacoob concurring) |
Glenister v President of the Republic of South Africa and Others, often known as Glenister II, is a 2011 decision of the Constitutional Court of South Africa, in which the court held that the state is constitutionally obligated to establish and maintain an independent agency to combat corruption. It ruled that the Hawks were not sufficiently independent to fulfil this obligation and that the statutory provisions that created the Hawks were therefore, and to that extent, constitutionally invalid. The case was part of a series of litigation that sought to challenge the disbanding of the Scorpions.