COPE WELCOMES THE DISMISSAL OF HLAUDI’S COURT APPEAL
8 October 2015
Congress of the People 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.
We were also very clear that he should have been subjected to a full disciplinary enquiry regarding the deliberate faking of his qualifications.
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 Zuma administration is doing on the basis that the findings are not binding is to undermine the Constitution.
The Public Protector indeed has the powers to “take appropriate remedial actions” in order to protect the public against any abuse of power and to remedy impropriety. Furthermore, all organs of state are obliged to assist in ensuring that Chapter 9 institutions, such as the Public Protector’s office, remain effective. To render the investigation and findings futile simply because the outcome does not suit the party in power is to make a mockery of our Constitution. The Zuma administration has been acting to make the Public Protector’s office ineffective through active sabotage. The board of the SABC followed suit.
The fact that Hlaudi Motsoeneng is now suspended for sixty days by court order and has to face a proper disciplinary enquiry is a victory for the Constitution. COPE welcomes this ruling.
We wait for the Constitutional Court to rule on the power that the Constitution confers on the Public Protector regarding her findings.
COPE never ever contested the power of the Public Protector and was never confused about those powers.
Statement issued by Dennis Bloem, COPE spokesperson, 8 October 2015
