‘I don’t understand why my findings aren't implemented’

Thuli Madonsela argues that no one would question the recommendations of the auditor general.

FILE: Public Protector Thuli Madonsela. Picture: Christa Eybers/EWN.

JOHANNESBURG - Public Protector Thuli Madonsela says she is eagerly anticipating a Supreme Court of Appeal (SCA) judgment on whether the people she makes findings against are obliged to implement her recommendations.

The South African Broadcasting Corporation (SABC) is currently contesting a Western Cape High Court ruling that it's obliged to take action against Chief Operations Officer Hlaudi Motsoeneng as recommended by advocate Madonsela's office.

The SABC has taken the matter to the SCA and the outcome is likely to be a determining factor for future investigations.

Madonsela argues that no one would question the recommendations of the auditor general, so she doesn't understand why her findings are being second guessed.

"You can't, after the auditor general has issued audit findings... I can't appoint my own audit committee for example to re-audit me and say the auditor general was wrong. But for some strange reason people think you can do that with the public protector. I've never understood that; it wasn't like that until very recently."

Last year Madonsela said the SABC board should take corrective action against Motsoeneng following her probe into a raft of damning allegations including abuse of power, that he purged staff at the broadcaster and gave himself massive pay hikes.

She also said he was dishonest about having a matric qualification.

In response to her findings, the board appointed a law firm to investigate the issues and that firm cleared Motsoeneng of any wrong doing.

His appointment as COO was made permanent soon after.

The Democratic Alliance launched a two-part legal challenge to have the board's decision reviewed and set aside.

The first part of the application gave rise to Western Cape High Court Judge Ashton Schippers's judgment last year.

The second part looks set to be argued in the Western Cape High Court in October.