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Reported
2017 2 BLLR 153; [2016] JOL 37046 (HC)
BLLR headnote
Administrative action – Appointment of public officials – Appointment of high ranking officials of public entities constituting administrative action and subject to review under PAJA or in terms of principle of legality – Appointment of SABC COO irrational and unlawful.
Appointments – Public officials – SABC appointing COO in violation of damning report of Pubic Protector and other indications of serious misconduct – Appointment ruled irrational and unlawful and set aside.
Costs – Personal liability for – Senior SABC official appointing colleague as COO without taking into account damning findings against him by courts and Public Protector liable for costs of defending action in personal capacity.
Disciplinary procedure – Employer convening disciplinary hearing in purported compliance with recommendation of Public Protector, but not heeding PP’s findings and acquitting employee with “indecent haste” – Hearing unlawful and set aside.
Public Protector – Status of remedial action – Public Protector recommending disciplinary action against public official – Recommendation binding on employer but factual findings mere guidelines to be taken into account in framing charges and in themselves not warranting finding on guilt.
Leave to appeal refused on 7 February 2017.