Parts of the Supreme Court of Appeal\u2019s (SCA) rejection of SABC COO Hlaudi Motsoeneng\u2019s appeal against his suspension this week will be used to try rescind the reports of Parliament\u2019s ad hoc committee on Nkandla.<\/p>\n
Democratic Alliance (DA) leader Mmusi Maimane on Friday said he has written to National Assembly Speaker Baleka Mbete \u201cwith an urgent request to convene a sitting of the House\u2026in order to rescind the ad hoc committee reports\u2026adopted\u2026on November 13\u201a 2014 and August 18\u201a 2015.<\/p>\n
\u201c(On Thursday) morning\u201a the SCA found that the remedial actions taken by the Public Protector\u201a such as those against the President in her report Secure in Comfort\u201a cannot be arbitrarily substituted or ignored and must be enforced absent a review application\u201a\u201d said Maimane.<\/p>\n
\u201cImportantly\u201a the SCA found that \u2018an individual or body affected by any finding\u201a decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to that of the Public Protector\u201a and adopt the position that the outcome of that parallel process trumps the findings\u201a decision or remedial action taken by the Public Protector\u2019.\u201d<\/p>\n
In light of these findings\u201a argued Maimane\u201a the adoption of two ad hoc committee reports \u2013 most recently that of the Police Minister\u201a which found that President Jacob Zuma was not liable for any of the Nkandla upgrades \u2013 is \u201cclearly invalid\u201d.<\/p>\n
\u201cThe judgement by the SCA vindicates the long-held stance taken by the Democratic Alliance in the ad hoc committees that the process of substituting the Public Protector\u2019s remedial actions for alternative measures was irrational\u201a illegal and unconstitutional\u201a\u201d said Maimane.<\/p>\n
\u201cThe only recourse left for the President \u2013 if he takes our courts seriously \u2013 is to take the Public Protector\u2019s findings on judicial review.<\/p>\n
\u201cAbsent a review\u201a Zuma now has no choice but to comply with the remedial actions taken by the Public Protector and \u201cpay a reasonable percentage of the cost of the measures that do not relate to security\u201a and which include Visitors\u2019 Centre\u201a the amphitheatre\u201a the cattle kraal and chicken run\u201a the swimming pool.\u201d<\/p>\n
The SCA ruled on Thursday that Motsoeneng should be suspended for 60 days while a disciplinary hearing into his breaches is conducted.<\/p>\n
Motsoeneng\u201a the SABC and the Communications Minister were challenging an earlier high court order that action should be taken against him for receiving exorbitant salary increases and forging his matric qualification.<\/p>\n
The SABC will now have to investigate him and bring a disciplinary case against him or face being in contempt of court.<\/p>\n
The SCA in the summary of its judgement said that \u201cremedial action by [the] Public Protector\u2026legal effect\u2026and cannot be ignored by [the] state and public institutions\u201d.<\/p>\n
Zuma approved R135 million Nkandla security homes<\/a><\/strong><\/p>\n What you can buy for the price of a R6 million security home at Nkandla<\/a><\/strong><\/p>\n