A statement by the South African Broadcasting Corporation (SABC) board that it would challenge a court ruling against the suspension of CEO Dali Mpofu was ”misleading”, Mpofu’s lawyers said on Wednesday.
”The judgement of the high court made by Judge Moroa Tsoka has not yet been signed by the judge and is therefore not yet available to either of the parties,” Mpofu’s lawyer, Sandile July, said.
”It is therefore not possible that the SABC has carefully studied the judgement.”
July said it could take up to two weeks to get a copy.
It was ”not legally possible for the SABC to lodge an appeal at this stage”.
”The correct process is that the SABC would first need to lodge an application for leave to appeal in terms of the Rules of the High Court. The same judge who heard the matter must decide on such an application. Only if that application is successful can the SABC lodge an appeal.”
SABC board chairperson Khanyi Mkhonza issued a statement on Tuesday morning saying the board would appeal the high court ruling on Tuesday. Her media relations officer later in the day said the appeal would be lodged before the end of the week.
”The concern is that these statements may be misleading to the public, most of whom may not be familiar with court processes,” said July.
If an application for leave to appeal is lodged, Mpofu would oppose it.
”Advocate Mpofu is currently back at work and is only concerned with building a credible and accountable public-service broadcaster.
”He refuses to be dragged into the unhelpful personal debate about his character. He reserves his rights to institute a defamation lawsuit at the appropriate time,” said July.
The Johannesburg High Court ruled on Monday that Mpofu’s suspension as CEO of the SABC on May 7 was unlawful because the meeting where it was decided did not follow the correct legal procedures.
Mpofu was suspended a day after he suspended his news chief, Snuki Zikalala, who was accused of leaking a memorandum on Mpofu’s alleged bad management of the SABC to the Sunday Times. — Sapa