Motsoeneng v Public Protector and Others (76591/19) [2022] ZAGPPHC 608 (12 August 2022)

Motsoeneng v Public Protector and Others (76591/19) [2022] ZAGPPHC 608 (12 August 2022)

The court found that the applicant had delayed unreasonably in instituting review proceedings, with no adequate explanation for the delay. The applicant was aware since at least 2016 that the Public Protector's report would affect his employment prospects and legal standing, yet failed to act timeously. The court held that it was not in the interests of justice to condone the delay, especially as the applicant would have ample opportunity to challenge the findings in pending litigation. The SABC had complied with the Western Cape High Court order by instituting disciplinary proceedings, and any failure to finalize those proceedings was attributable to the applicant's own conduct and...

Citation
[2022] ZAGPPHC 608
Parties
Applicant: Hlaudi George Motsoeneng; Respondent: The Public Protector; Respondent: The South African Broadcasting Corporation (SABC); Respondent: SABC Board of Directors; Respondent: Special Investigating Unit; Respondent: Minister of Communications
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 August 2022
Case Number
76591/19
Procedural Posture
Review Application / Judgment on Merits
Outcome
Application dismissed with costs.
Judges
Neukircher
Legal Topics
Public Protector Remedial Action, Delay in Review, Contempt of Court, Declaratory Relief, Doctrine of Legality
Administrative Law Civil Procedure Public Protector Remedial Action Delay in Review Contempt of Court Declaratory Relief Doctrine of Legality

Case Brief

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Parties

Hlaudi George Motsoeneng

Applicant

The Public Protector

Respondent

The South African Broadcasting Corporation (SABC)

Respondent

SABC Board of Directors

Respondent

Special Investigating Unit

Respondent

Minister of Communications

Respondent

Procedural Posture

Review Application / Judgment on Merits

Legal Issues

  1. 1 Whether the applicant's delay in instituting review proceedings should be condoned.
  2. 2 Whether the Public Protector's report, findings, and remedial action were irrational and unlawful and should be set aside.
  3. 3 Whether the SABC failed to comply with the findings and remedial actions of the Public Protector and the orders of the Western Cape High Court.

Ratio Decidendi

The court found that the applicant had delayed unreasonably in instituting review proceedings, with no adequate explanation for the delay. The applicant was aware since at least 2016 that the Public Protector's report would affect his employment prospects and legal standing, yet failed to act timeously. The court held that it was not in the interests of justice to condone the delay, especially as the applicant would have ample opportunity to challenge the findings in pending litigation. The SABC had complied with the Western Cape High Court order by instituting disciplinary proceedings, and any failure to finalize those proceedings was attributable to the applicant's own conduct and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs, including the costs of two counsel, one being senior counsel.
  • The first respondent (Public Protector) is ordered to pay the costs occasioned by the postponement on 21 April 2021.