24 October 2014
Media statement in regard to the decision of the Western Cape High Court dated the 24 October 2014.
The decision of the Western Cape High court today, the 24th of October 2014, on the matter which was brought by the Democratic Alliance against the SABC and the Minister of Communications vindicated the position of the Minister to the effect that the Public Protector’s findings, remedial action and recommendations are not final and binding.
The judge stated the following in page 36 paragraph 68 of his judgment: “The Public Protector Act, in keeping with the scheme of ss181 and 182 of the Constitution, contains no provisions that the findings and remedial action required by the Public Protector are binding and enforceable, as in the case of a court order. In cases where the lawgiver intends that the findings of a tribunal should be enforceable, it says so. For example, an arbitration award by the CCMA is final and binding and may be enforced as if it were an order of the Labour Court. The same applies to a decision of the Competition Commission”.
In conclusion, the Minister is satisfied that such an important question which has been making news headlines has been settled.
061 488 0634
Issued by Department of Communications