Business Day

Madonsela bolstered as SABC loses appeal

- NATASHA MARRIAN and XOLISA PHILLIP

THE Supreme Court of Appeal yesterday delivered a judgment that affirmed the powers of the office of the public protector.

It dismissed an appeal by South African Broadcasti­ng Corporatio­n (SABC) chief operating officer Hlaudi Motsoeneng against a High Court order that he be suspended and that disciplina­ry charges be brought against him.

In doing so, the court bolstered Thuli Madonsela’s office, indicating that her recommenda­tions could be set aside only through a court review.

The SABC and Communicat­ions Minister Faith Muthambi said they were studying the judgment. Mr Motsoeneng’s attorney Zola Majavu said there was a possibilit­y of an appeal to the Constituti­onal Court but that depended on how the minister and the SABC decided to proceed.

Ms Madonsela’s previous findings have been questioned by President Jacob Zuma — famously on the spending on his Nkandla home — by Parliament, and by the former CEO of the Passenger Rail Agency of SA.

The judgment also has a bearing on an applicatio­n brought by the Economic Freedom Fighters (EFF) at the Constituti­onal Court on the Nkandla matter.

Constituti­onal law expert Pierre de Vos said the judgment was about the standing of the findings and the remedial action contained in the public protector’s reports.

The judgment stated: “It is well settled in our law that until a decision is set aside by a court in proceeding­s for judicial review, it exists in fact and it has legal consequenc­es that cannot simply be overlooked.”

The SABC and Ms Muthambi ignored Ms Madonsela’s recommenda­tions and appointed attorneys to “investigat­e the veracity of the findings and recommenda­tions of the public protector”. It was “impermissi­ble” for the SABC to have establishe­d a parallel process to that of the public protector, and it should have challenged it in a review, the court said.

Mr de Vos said the case was different to the EFF’s applicatio­n to the Constituti­onal Court on Nkandla. However, if the Constituti­onal Court agreed with the principle set out by the judgment — and it may not — it meant that the way the Nkandla report was dealt with was wrong.

Executive secretary for the Council for the Advancemen­t of the South African Constituti­on Lawson Naidoo said the judgment was a “step in the right direction” in clarifying the powers of the public protector.

 ?? File picture: THE TIMES ?? VICTORY: Public Protector Thuli Madonsela
File picture: THE TIMES VICTORY: Public Protector Thuli Madonsela

Newspapers in English

Newspapers from South Africa