Johannesburg - The public protector does not have the powers she thinks she has, SABC chief operating officer Hlaudi Motsoeneng's lawyer said on Tuesday.
“We want to place on record that my client continues to respect the office of the public protector and its current incumbent regardless of her finding against him,” Zola Majavu told reporters in Johannesburg.
“(However) the public protector does not have the sort of powers she thinks she has. Whether or not we are correct is something that can be settled... by the Constitutional Court.”
He said the ruling which ordered that the SABC suspend Motsoeneng and start disciplinary proceedings against him within 14 days vindicated their view about the public protector.
Western Cape High Court Judge Ashton Schippers in his order said: “Unlike an order or decision of a court, a finding by the public protector is not binding on persons and organs of state.
“However, the fact that the findings of and remedial action taken by the public protector are not binding decisions, does not mean that these findings and remedial action are mere recommendations, which an organ of state may accept or reject.”
Majavu said the point was that Public Protector Thuli Madonsela was not a court of law.
Motsoeneng was appealing against the court ruling that he be suspended.
“That notice of appeal is in the process of being served on the lawyers of the Democratic Alliance and in the process of being served on the lawyers of the SABC,” he said.
“Once they have been served it will be filed in court.”
Majavu said Motsoeneng would remain SABC COO.
“The court order is automatically suspended, until the finalisation of the appeal,” he said.
“He is still the COO of the SABC. He is still working.”
In February, Madonsela released a report on Motsoeneng, while he was acting COO. She found his salary increased from R1.5 million to R2.4m in one year, that he had purged senior staff, and misrepresented his matric qualifications to the SABC.
Madonsela recommended that a new COO be appointed at the SABC within 90 days.
In July, Communications Minister Faith Muthambi announced Motsoeneng's permanent appointment.
Majavu said if his client's application for the leave to appeal was denied he would take it to the Supreme Court of Appeal, and if it failed there to the Constitutional Court.
“We (are) going all the way. This is not a simple and cut-and-dried matter.”
Majavu questioned whether a court had the right to direct the SABC on how to deal with an employee, especially after a legal firm, hired by the public broadcaster, cleared Motsoeneng of wrongdoing.
He insisted that Motsoeneng had done nothing wrong and that the SABC was aware, since 1995, about his academic qualifications.
“Let us not castigate this man publicly,” Majavu said.
Sapa