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SABC reminds Madonsela that it’s taken her findings on review

29 September 2016 - 11:19 By TMG Digital

The South African Broadcasting Corporation (SABC) has reminded “all parties” that it has taken the remedial actions ordered in Public Protector Thuli Madonsela’s report on review.

In a statement in “response to misleading newspaper headlines”‚ SABC spokesperson Kaizer Kganyago said: “The insinuation that either the SABC or any persons have acted in defiance of the public protector’s remedial measures or recommendations is palpably false.”

This came in reaction to a Sowetan story in which Madonsela attacked Hlaudi Motsoeneng’s retention by the SABC‚ announced on Tuesday‚ in the position of group executive of corporate affairs.

She described the move as “not just disrespect for the public protector‚ it’s disrespect for the courts”.

It was the findings of Madonsela’s 2014 report “When Governance and Ethics Fail” that ultimately led to the Western Cape High Court judgment which held that Motsoeneng’s appointment as chief operating officer (COO) was invalid.

Kganyago said: “As you know‚ the Constitutional Court in the Nkandla matter held that the power of the public protector to take appropriate remedial action has legal effect and is binding unless it has been set aside through a proper judicial process.

“The matter has been taken up on review and we urge all parties to respect that the matter is sub judice.”

The review was lodged at the North Gauteng High Court earlier this year.

Kganyago also attacked Madonsela’s reading of the Western Cape High Court ruling by Judge Dennis Davis.

This‚ he said‚ “declared Hlaudi’s appointment as SABC chief operating officer while there were allegations of impropriety as ‘irrational’ and unlawful”‚ but also said that if “Motsoeneng is acquitted of all of the charges which are to be determined by a disciplinary tribunal‚ it was possible that he could then be considered for appointment as a permanent COO of the SABC”.

“The SABC complied with the Judge Davis ruling‚” said Kganyago.

“In December 2015‚ Mr Motsoeneng was cleared of charges against him after an internal disciplinary hearing that was chaired by an independent chairperson.

“The SABC urges members of the public to respect court judgments and not to misread and distort them for political and ulterior purpose.”