South Africa Case Law

Democratic Alliance v South African Broadcasting Corporation SOC Ltd (SABC) and Others; Democratic Alliance v Motsoeneng and Others (3104/2016; 18107/16)

Democratic Alliance v South African Broadcasting Corporation SOC Ltd (SABC) and Others; Democratic Alliance v Motsoeneng and Others (3104/2016; 18107/16) [2016] ZAWCHC 188; [2017] 2 BLLR 153 (WCC); [2017] 1 All SA 530 (WCC) (12 December 2016)

Court

Western Cape High Court, Cape Town

Case number

3104/2016; 18107/16

Judges

Le Grange, Rogers

The court found that the SABC and its board failed to comply with the binding remedial action of the Public Protector, including instituting proper disciplinary proceedings against Motsoeneng. The disciplinary process conducted in December 2015 was a charade, lacking due process, and was set aside as unlawful. The subsequent appointment of Motsoeneng as GECA was irrational and invalid, given the unresolved serious adverse findings against him and the absence of a credible disciplinary exoneration. The board was inquorate from 14 September 2016 and incapable of validly transacting business, re…

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• Public Protector Remedial Action
• Disciplinary Proceedings
• Board Quorum
• Suspension Of Executive
• Appointment Of Executive
• Rule Of Law

Tshelane v Khoathane and Others (J353/2015)

Tshelane v Khoathane and Others (J353/2015) [2015] ZALCJHB 108 (25 February 2015)

Court

Labour Court Johannesburg

Case number

J353/2015

Judge

Steenkamp

An urgent Labour Court application challenging NECSA board action was withdrawn at the hearing. The court ordered the applicant to pay the respondents' costs, including two counsel.

• Board Resolution Authority
• Urgent Interdict
• Costs Order
• Suspension Of Executive
• Urgent-application
• Costs-order

Democratic Alliance v South African Broadcasting Corporation Limited and Others (12497/2014)

Democratic Alliance v South African Broadcasting Corporation Limited and Others (12497/2014) [2014] ZAWCHC 161; 2015 (1) SA 551 (WCC) (24 October 2014)

Court

Western Cape High Court, Cape Town

Case number

12497/2014

Judge

Schippers

The court held that the Democratic Alliance had standing to seek relief in its own, its members', and the public interest, given the constitutional significance of the SABC and the issues raised. The matter was urgent due to the ongoing harm to the SABC and the need to vindicate the Public Protector's constitutional role. The court found that the Public Protector's findings and remedial action are not binding and enforceable as court orders, but organs of state must rationally consider and respond to them; mere rejection without cogent reasons is irrational and constitutionally unlawful. The…

Source excerpt

• Public Protector Powers
• Interdictory Relief
• Corporate Governance
• Ministerial Decision Review
• Suspension Of Executive
• Rule Of Law

Dyasi v Onderstepoort Biological Products Ltd and Others (J 1780/10)

Dyasi v Onderstepoort Biological Products Ltd and Others (J 1780/10) [2010] ZALC 205; [2011] 7 BLLR 671 (LC); (2011) 32 ILJ 1085 (LC) (16 November 2010)

Court

Labour Court

Case number

J 1780/10

Judge

Lagrange

The Labour Court held that OBP’s board could lawfully institute disciplinary proceedings against its managing director, and dismissed the urgent application.

• Disciplinary Proceedings
• Suspension Of Executive
• Powers Of Board
• Ministerial Appointment
• Public Entity Governance
• Disciplinary-proceedings

South African Broadcasting Corporation Ltd and Another v Mpofu (A5021/08)

South African Broadcasting Corporation Ltd and Another v Mpofu (A5021/08) [2009] ZAGPJHC 25; [2009] 4 All SA 169 (GSJ) (11 June 2009)

Court

South Gauteng High Court, Johannesburg

Case number

A5021/08

Judges

Victor, Jajbhay, Horn

High Court appeal over the validity of an SABC Board meeting and suspension resolution. The court held the meeting was improperly convened and dismissed the appeal.

• Board Meeting Validity
• Corporate Governance
• Notice To Directors
• Conflict Of Interest
• Locus Standi
• Suspension Of Executive