Statement by Zwelinzima Vavi on SCA’s rejection of Hlaudi Motsoeneng’s appeal, 8 October 2015
I wholeheartedly welcome the decision of the Supreme Court of Appeal (SCA) to reject the appeal by SABC Chief Operating Officer, Hlaudi Motsoeneng.
He was asking them to overturn a high court ruling that disciplinary action must be taken against him in order to comply with the finding by public protector, Thuli Madonsela, that he had received exorbitant salary increases and forged his matric qualification.
The SCA agreed with the High Court and ruled that he should be suspended for 60 days while a disciplinary hearing into his breaches is conducted. The SABC will now have to investigate him and bring a disciplinary case against him or face being in contempt of court.
It is even more urgent that this action now be taken, since Motsoeneng has since been awarded a further R1m salary increase by the SABC board and has remained at work free from any disciplinary action.
This is a triple victory for South Africans. Firstly it vindicates all those like the Save Our SABC Coalition who have been campaigning doggedly for years to reform and transform our public broadcaster, including demanding that disciplinary action be taken against Motsoeneng.
Secondly it is a victory for the Unite Against Corruption (UAC) Coalition, which is fighting to stop the looting of our public institutions for the benefit of politically, connected individuals.
Thirdly it a victory for the Office of the Public Protector, as it clarifies and confirms its constitutional right to demand action against anyone found to acting illegally in our public service and for that. This is a victory for the (UAC) campaign, one of whose demands was for measures to:
1. Implement the findings of the Public Protector
2. Increase the budget of the Public Protector
3. Make public contempt for and vilification of the Public Protector should be subject to criminal prosecution
This court victory should spur on the campaign, the next stage of which of the mass stayaway and march through Johannesburg organised by trade unions and community groups on Wednesday 14th October 2015. Be there!
Above all, the SCA has closed all the silly debates about the powers of this critical Chapter Nine Institution - the Office Of The Public Protector. The SCA has firmly endorsed a view held by the majority of South Africans that the remedial actions of the Public Protector are binding. They are not mere recommendations or suggestions as some parliamentarians have wrongly argued.
The debate is over it's now the time for the Minister of Police’s whitewash Nkandla report to be thrown into the dustbin and for the report of the Public Protector to be put back on the table and its remedial actions implemented without any further procrastination.
We call on the ANC NGC to give an unequivocal message to South Africans that they will respect and SCA judgement and the independence of the judiciary and appeal to the President to implement the remedial actions of the Public Protector without any further delays.
A special resolution in this regard will send a message so desperately needed that the ANC is equally concerned to will respond decisively to the deepening concerns of many South Africans that some leaders are above the law.
Issued by Zwelinzima Vavi, 8 October 2015
