Madonsela contests judge’s ruling

Thuli Madonsela

Thuli Madonsela

Published Nov 24, 2014

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JOHANNESBURG: Public Protector Thuli Madonsela has filed her application to contest a judgment that deemed her findings and remedial actions not binding.

“The court will let us know when they have considered our notice,” said spokesman Oupa Segalwe yesterday.

Earlier this month, Madonsela filed the application to appeal the Western Cape High Court judgment – related to a case between the DA and the SABC and its chief operating officer Hlaudi Motsoeneng.

Judge Ashton Schippers’ interpretation of the role of the public protector was contained in a judgment on October 24, when he ordered that the SABC suspend Motsoeneng and start disciplinary proceedings against him within 14 days.

This followed the DA’s application for an urgent interim interdict to have Motsoeneng suspended, pending a review of the decision to appoint him.

In February, Madonsela released a report on Motsoeneng. 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 operating officer be appointed within 90 days. In July, Communications Minister Faith Muthambi announced Motsoeneng’s permanent appointment.

As part of a ruling, Schippers said: “Unlike an order or decision of a court, a finding by the public protector is not binding on persons and organs of State.

“This does not mean these findings and remedial action are mere recommendations, which an organ of state may accept or reject.” – Sapa

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