Mpofu v South African Broadcasting Corp Limited (SABC) and Others (2008/18386) [2008] ZAGPHC 413 (16 September 2008)

Mpofu v South African Broadcasting Corp Limited (SABC) and Others (2008/18386) [2008] ZAGPHC 413 (16 September 2008)

The court found that the SABC Board, not the Minister, is the proper authority to appoint, suspend, and discipline the Group Chief Executive Officer, subject to the Minister's approval of the employment contract. The Broadcasting Act and the articles of association do not confer employment powers on the Minister; the Board manages and controls the affairs of the SABC and is empowered to take disciplinary action against executive employees. The applicant's suspension and the institution of disciplinary proceedings were lawful exercises of the Board's powers. The appointment of the acting GCEO was a delegation of powers, not a formal appointment requiring executive director status, and the...

Citation
[2008] ZAGPHC 413
Parties
Applicant: Daluxolo Mpofu; Respondent: South African Broadcasting Corp Limited (SABC); Respondent: Chairperson: The Board of SABC; Respondent: Gabriel Mampone NO; Respondent: The President of the Republic of South Africa; Respondent: Minister of Communications
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
16 September 2008
Case Number
2008/18386
Procedural Posture
Review Application / Final Judgment on Review Application After Urgent and Interim Reliefs Were Previously Dismissed
Outcome
Application dismissed with costs, including reserved costs from the previous hearing.
Judges
Malan
Legal Topics
Principle of Legality, Powers of Board of Directors, Executive Employment Contracts, Suspension and Disciplinary Procedure, Locus Standi, Jurisdiction of Labour Court
Administrative Law Labour Law Civil Procedure Principle of Legality Powers of Board of Directors Executive Employment Contracts Suspension and Disciplinary Procedure Locus Standi +1 more

Case Brief

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Parties

Daluxolo Mpofu

Applicant

South African Broadcasting Corp Limited (SABC)

Respondent

Chairperson: The Board of SABC

Respondent

Gabriel Mampone NO

Respondent

The President of the Republic of South Africa

Respondent

Minister of Communications

Respondent

Procedural Posture

Review Application / Final Judgment on Review Application After Urgent and Interim Reliefs Were Previously Dismissed

Legal Issues

  1. 1 Whether the SABC Board had the legal power to suspend the applicant and institute disciplinary proceedings against him as Group Chief Executive Officer.
  2. 2 Whether the appointment of the third respondent as acting GCEO was lawful under the articles of association.
  3. 3 Whether the Minister or the Board is the proper authority to appoint, suspend, or dismiss the GCEO.

Ratio Decidendi

The court found that the SABC Board, not the Minister, is the proper authority to appoint, suspend, and discipline the Group Chief Executive Officer, subject to the Minister's approval of the employment contract. The Broadcasting Act and the articles of association do not confer employment powers on the Minister; the Board manages and controls the affairs of the SABC and is empowered to take disciplinary action against executive employees. The applicant's suspension and the institution of disciplinary proceedings were lawful exercises of the Board's powers. The appointment of the acting GCEO was a delegation of powers, not a formal appointment requiring executive director status, and the...

Court Disposition

Application dismissed with costs, including reserved costs from the previous hearing.

Orders

  • The application is dismissed with costs, including the costs reserved by Gildenhuys J in relation to the hearing of 8 to 10 July 2008, such costs to include the costs of two counsel.