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8 October, 2015

SCA Judgment On Hlaudi Motsoeneng A Victory For The Public Protector

The IFP has taken note of the judgment handed down by the Supreme Court of Appeal this morning in the SABC’s appeal against an order that its Chief Operating Officer, Mr Hlaudi Motsoeneng, be suspended and subjected to disciplinary action within the next 60 days.

We are pleased that the appeal has been dismissed. This is indeed a victory for the Public Protector’s Office, the Constitution and the rule of law in South Africa. The Constitution empowers the Public Protector to investigate any improper conduct, in any sphere of government, and to take appropriate remedial action. Today, the Supreme Court of Appeal affirmed that such remedial actions and recommendations are enforceable. This historic judgment has provided a great deal of further clarity on the powers assigned to the Public Protector, which will hopefully in future ensure that her Office is treated with respect and that its findings and prescribed remedial action are implemented. The Public Protector cannot realize the constitutional mandate of her office if organs of State may simply second-guess her findings and unilaterally dismiss her recommendations.

The IFP appeals to Government, and its entities, to henceforth treat recommendations made by the Public Protector with the necessary gravitas that they deserve. It is also our hope that political parties will no longer have to rush to court to confirm the Public Protector’s findings.

In addition, we appeal to the public broadcaster to take the necessary steps as suggested by the Public Protector in her report dealing with Mr Motsoeneng’s conduct.

Lastly, we call on the SABC not to squander any more taxpayers’ money by taking this matter to the Constitutional Court.

Far too much money has been wasted on frivolous court action to protect the interests of rogue individuals, such as former SABC Board Chair Ellen Tshabalala. The taxpayers should longer be expected to foot these bills!

Contact: IFP Whip and Spokesperson on Communications, Ms LL van der Merwe on 082 729 2510

IFP Media, Parliament

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