Political organisations have welcomed the decision made by The Appeal Court in Bloemfontein, against SABC Chief Operating Officer Hlaudi Motsoeneng.
The Appellate Division dismissed with costs the application by the SABC, Communications Minister, Faith Muthambi and SABC Chief Operating Officer Hlaudi Motsoeneng.
They were appealing against the ruling made by the High Court in Western Cape, which advised that Motsoeneng should be suspended and disciplinary steps be taken against him.
This was after the DA went to the High Court to enforce remedial action proposed by the Public Protector Advocate Thuli Madonsela.
The High Court found that Adv Madonsela’s findings were not binding and enforceable.
However, they could also not be ignored and needed to be properly considered. The full bench of justices said the Public Protector cannot fulfil the constitutional purpose of her office if other organs of State second-guess her findings and ignore her recommendations.
Cope issued a statement welcoming the Appeal Court decision. It stated that they consistently held the view that the government and the SABC board should have acted on the findings of the Public Protector regarding the irregular appointment of Hlaudi Motsoeneng as COO of the SABC.
Cope’s statement reads,”The findings of the Public Protector result from due process and proper investigation. When citizens approach the Public Protector with complaints against someone in public administration, who is acting improperly or has done something that resulted in impropriety, or is causing prejudice to the public interest, it is essential for government to give weight to the findings that the Public Protector makes. To negate the findings of the Public Protector as the [President Jacob] Zuma administration is doing, on the basis that the findings are not binding is to undermine the Constitution.”
Cope added that the fact that Hlaudi Motsoeneng is now suspended for 60 days by court order and has to face a proper disciplinary enquiry is a victory for the Constitution.
The Vryheidsfront Plus (VF Plus) also welcomes the decision. In a media statement issued by the chief whip, Dr Corné Mulder, he stated,
”Die Appèlhof se bevinding rakende Hlaudi Motsoeneng, bedryfshoof van die SAUK, het vandag ‘n breë rooi streep getrek deur President
Jacob Zuma en die ANC se hantering van die Nkandla-skandaal tot dusver.”
According to Dr Mulder, the decision confirms the supremacy of the Constitution as well as the importance of all Chapter 9 institutions.
“Die bevinding van die Appèlhof dat die Openbare Beskermer (OB) se bevindinge nie geïgnoreer kan word nie en daar nie parallelle
prosesse gebruik kan word om haar bevindinge te vervang nie, het ingrypende implikasies vir Pres Zuma wat die Nkandla-skandaal aanbetref,” sê Dr Mulder.
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