SABC to appeal ruling

Hlaudi Motsoeneng
Hlaudi Motsoeneng
The South African Broadcasting Corporation (SABC) yesterday said it would take the Supreme Court of Appeal’s (SCA) ruling on its chief operating officer (COO) Hlaudi Motsoeneng to the Constitutional Court.

And the Democratic Alliance says it has called for an urgent session of parliament.

It says the SCA ruling means that the National Assembly will have to rescind an ad hoc parliamentary committee decision that President Jacob Zuma did not have to repay anything spent on his private homestead at Nkandla.

The SCA ruled on Thursday that Motsoeneng should be suspended for 60 days while a disciplinary hearing into his alleged breaches of conduct is undertaken.

Motsoeneng‚ the SABC and communications minister were challenging an earlier high court order that upheld public protector Thuli Madonsela’s finding that action be taken against him for receiving exorbitant salary increases and forging his matric qualification.

Parts of the SCA’s rejection of Motsoeneng’s appeal against his suspension this week will be used to try and rescind the reports of parliament’s ad hoc committee on Nkandla.

Commenting on the SCA ruling, DA leader Mmusi Maimane said he had written to National Assembly Speaker Baleka Mbete “with an urgent request to convene a sitting of the House…in order to rescind the ad hoc committee reports…adopted…on November 13 2014 and August 18 2015”.

“The judgment by the SCA vindicates the long-held stance taken by the DA in the ad hoc committees that the process of substituting the public protector’s remedial actions for alternative measures was irrational‚ illegal and unconstitutional.

“The only recourse left for the president, if he takes our courts seriously, is to take the public protector’s findings on judicial review.”

The Congress of the People (COPE) said the SABC’s intention to appeal to the Concourt showed that the ANC was “panicking”.

COPE said it was delighted the SCA ruling stated that “if the ruling party disagrees with the public protector‚ it must seek to review her findings in court”‚ rather than choose if and when to accept and apply the findings of the Chapter 9 institution‚ as it had done with Madonsela’s report on spending on the Nkandla homestead. — RDM News Wire

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