South African Broadcasting Corporation SOC Ltd v Democratic Alliance

Following complaints by former SABC employees, the Public Protector investigated allegations of maladministration, governance failures and the irregular appointment and conduct of Mr Hlaudi Motsoeneng at the SABC. In a report titled 'When Governance and Ethics Fail' (17 February 2014), the Public Protector found that Mr Motsoeneng’s appointment as Acting COO was irregular, that he had misrepresented his qualifications, benefited improperly, and that the Minister and Department of Communications had unlawfully interfered in SABC affairs. The Public Protector directed remedial action, including disciplinary proceedings against Mr Motsoeneng and steps to fill the COO post properly. Instead of implementing this remedial action, the SABC Board resolved on 7 July 2014 to appoint Mr Motsoeneng permanently as COO, which the Minister approved. The Democratic Alliance approached the Western Cape High Court seeking urgent relief to suspend and later review and set aside the appointment. The High Court granted relief, and the SABC, the Minister, and Mr Motsoeneng appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

This case is a landmark affirmation of the binding nature of the Public Protector’s remedial action in South African constitutional law. It reinforced the principle that organs of state may not ignore or second-guess the Public Protector’s directives and must comply unless they are set aside on review. The judgment strengthened accountability mechanisms and laid important groundwork for later Constitutional Court jurisprudence on the powers of the Public Protector.