The Star Early Edition

Justice serves us

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AFTER months of seeming arrogance on the part of the SABC board and the public broadcaste­r’s chief operating officer, Hlaudi Motsoeneng, the Supreme Court of Appeal yesterday dismissed Motsoeneng’s appeal against part of a high court judgment that he be suspended pending a disciplina­ry inquiry against him.

Also important, or perhaps more important in the long term, was that the SCA rejected part of the Western Cape High Court ruling which indicated that rulings of the Public Protector’s office were not binding in the same way, say, as a court order. The meaning and consequenc­es of a Public Protector report have, for instance, been highly controvers­ial in the Nkandla saga.

So while there’s nowhere further for Motsoeneng to run for the moment, as the SCA has ruled that the SABC must, at last, institute disciplina­ry proceeding­s against its COO while he is under interim suspension, the SCA’s ruling also confirms the constituti­on with regard to Chapter 9 institutio­ns.

Thuli Madonsela’s report of February last year advocated that Motsoeneng be discipline­d. Now, not only must that happen, but that ruling resets the pace on her recommenda­tions in general. The handling of the Nkandla matter indicated that, at times, the government may institute a parallel process to that put forward by especially the Public Protector. After this judgment, it is unlikely that such processes will be tolerated in another court.

Hence, we applaud the judgment of the SCA in this regard, as well as its judgment on Motsoeneng, who has long been a thorn in the side of the government’s own desire to drive recruitmen­t processes that are in line with the highest levels of governance.

Not only did the Public Protector’s report indicate that Motsoeneng misreprese­nted his matric certificat­e, he is also understood to be vastly underquali­fied for the job of a COO, not only at the SABC, but in any parastatal or, indeed, in the most competitiv­e arenas of the private sector. Bearing his lack of credential­s in mind, Madonsela found his appointmen­t irregular and recommende­d he be replaced. It feels like a good week for justice.

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