This morning, the Supreme Court of Appeal ("SCA")
handed down a significant judgment relating to the powers of the
Public Protector.
Today's judgment was in an appeal of the SABC, the Minister
of Communications and Hlaudi Motsoeneng, the Chief Operating
Officer of the SABC, against the decision of Western Cape High
Court Judge Ashton Schippers to suspend Mr Motsoeneng.
The central issue addressed in the SCA judgment is whether or
not recommendations by the Public Protector have to be
implemented.
Government took the view that Public Protector Thuli
Madonsela's recommendations are not binding and that government
could decide whether to heed or ignore these.
The same issue will be considered by the Constitutional Court
when it decides on the application by the Economic Freedom Fighters
to force President Jacob Zuma to comply with the recommendation by
the Public Protector that he should repay the public funds spent on
his Nkandla homestead.
