Corruption has many guises. It includes bribing of public officials, public officials trading in influence or abusing their functions of power for personal gain, illicit enrichment and embezzlement, misappropriation or diversion of property by a public official. Of course, corruption is not limited to public administration. Nevertheless, corruption in public administration is particularly damaging to democratic institutions, the economy and the Rule of Law.

The recent ruling of the Supreme Court of Appeal (SCA) in the South African Broadcasting Corporation (SABC) and Others v The Democratic Alliance and Others, which upheld the decision of the Western Cape High Court and dismissed the SABC’s appeal on behalf of its Chief Operating Officer (COO) Hlaudi Motsoeneng and the Minister of Communications, is a welcome one. This is because it serves to cement the authority of the office of the Public Protector, as well as those of other Chapter 9 institutions.

The matter commenced in the Western Cape High Court as a result of the publicised irregular appointment of the COO into his current position and the ensuing investigation into the same, as well as maladministration of the national broadcaster by the Minister of Communications.

The Centre for Constitutional Rights (the CFCR) welcomes the Supreme Court of Appeal’s (SCA) judgment in SABC v DA in which the Court upheld an order by the Western Cape Division of the High Court to suspend South African Broadcasting Corporation (SABC) Chief Operating Officer, Hlaudi Motsoeneng, pending a disciplinary hearing.

Crucial as this order may be, the judgment is also of cardinal importance as it relates to the constitutional values of accountable, responsive and open government as required by sections 1 and 41 of the Constitution.