The lawyers of SABC COO Hlaudi Motsoeneng will argue in the Supreme Court of Appeal that the courts should have no say over how the SABC handles the allegations against him, City Press reported.
One of the arguments, the paper reported, is that the principle of separation of powers means that the judiciary should not be allowed to dictate to the SABC executive.
Motsoeneng will appear before the Supreme Court of Appeal in September to contest the ruling of Judge Anton Schippers, who ordered that he be suspended pending the outcome of a disciplinary inquiry.
This followed a report from Public Protector Thuli Madonsela which also recommended the suspension pending an inquiry.
Madonsela’s report recommended action against Motsoeneng for receiving an exorbitant salary increase, and for fabricating his matric certificate.
Despite Madonsela’s finding, Motsoeneng remained in his position and no disciplinary action was taken. The DA then lodged an application with the High Court, which led to Judge Schippers’ ruling in October 2014.
City Press reported that Motsoeneng’s SCA appeal will be key in answering whether Public Protector Thuli Madonsela’s findings are binding.
This may impact on litigation against President Jacob Zuma regarding Madonsela’s recommendation that he pay back a percentage of the R246 million that was spent on “security upgrades” at his Nkandla home.
The full report is available in the City Press of 23 August 2015.