Cape Town - Parliament will press ahead with its inquiry into allegations that SABC chairwoman Zandile Tshabalala lied about her qualifications, following her failed attempt to interdict the communications committee in the Western Cape High Court .
The court’s decision was welcomed by ANC, DA and EFF members alike on Wednesday, with calls for Tshabalala to produce the qualifications or quit.
But Tshabalala on Wednesday didn’t rule out appealing, saying her lawyers were still studying the judgment.
In a judgment lasting just a few seconds on Wednesday, Judge Elizabeth Baartman ruled that the “declaratory relief that the applicant seeks does not accord with the plain meaning and context of the Act in which a parliamentary process is envisaged.
“Evidently, the rules of natural justice must apply to the process. I, for the reasons stated above, make the following order. The declaratory relief sought is refused with no order as to costs,” said Baartman.
Tshabalala had sought the court’s relief stating that “the inquiry contemplated in Section 15A(1) of the Broadcasting Act of 1999 is a disciplinary inquiry to which the principles of natural justice apply”. Tshabalala also charged that she would be prejudiced by virtue of her exclusion from the process in the National Assembly.
She said on Wednesday that “grounds to appeal” would depend on her lawyers once they had studied the judgment.
“My comment is that my lawyers are still busy with the judgment. I will discuss it with them and then decide on a way forward,” Tshabalala said.
Committee chairwoman Joyce Moloi Moropa said the entire case was “kicked out” of court and there was no “wrongdoing” by the committee.
“We are vindicated and what it means for us is that we can proceed with our work. Like we indicated, it’s a case that took too long. Our intention is to clear it off the table as quickly as possible,” said Moloi Moropa.
DA MP Gavin Davis, who initiated the inquiry, said the judge saw Tshabalala’s “delaying tactics for what they were”.
“The portfolio committee now has a clear mandate from the courts to continue with the inquiry into Ms Tshabalala’s qualifications,” said Davis.
EFF spokesman Mbuyiseni Ndlozi, who also sits on the communications committee, said they welcomed the court ruling.
“Tshabalala had sought to undermine the parliamentary inquiry into the misrepresentation of her qualifications in her application for the position of chairperson of the SABC board,” said Ndlozi.
The South African Communist Party (SACP) also weighed in, saying it welcomed “with enthusiasm” the ruling dismissing Tshabalala’s application.
“Tshabalala brought the application against Parliament holding an inquiry into an allegation that she lied about having qualifications from the University of South Africa (Unisa), which played a considerable role leading to her appointment,” said the party.
It said that Tshabalala must stop wasting time, “produce the qualifications or quit with immediate effect”.
Political Bureau