The South African Broadcasting Corporation board’s meeting which decided on the suspension of SABC chief executive Dali Mpofu was lawful and valid, the board’s lawyer said on Thursday.
”There is nothing wrong with what the respondent did,” Paul Pretorius, representing the SABC board, told the Johannesburg High Court.
The court is hearing a challenge by Mpofu against his third suspension from office since May.
Mpofu’s lawyers have argued that the meeting where his suspension was decided was unlawful because the chairperson asked its three executive directors to recuse themselves.
But Pretorius told Judge Antonie Gildenhuys that they left voluntarily, with Mpofu not making any objection.
Pretorius said Mpofu was ”not intimidated in any way to take the board on” and that he left without any protest.
”Mental reservations not communicated are of no legal consequence,” said Pretorius.
Outside the court, a group of about 15 people held up placards stating ”viva Dali” and ”stop discrimination”, while blowing vuvuzelas.
On Tuesday, Gildenhuys ruled that Mpofu’s application was urgent. However, the judge said he could only rule on whether the meeting where the suspension was decided on was unlawful, and not on whether the suspension was unlawful.
Mpofu’s lawyers are arguing that the meeting did not follow the correct legal procedures, and also quoted from two previous judgements by Judge Moroa Tsoka which overturned the chief executive’s first two suspensions.
Mpofu was first suspended on May 7, 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.
Zikalala was reinstated in his position as SABC head of news this week because the board believed Mpofu did not have the authority to suspend him.
The hearing continues. – Sapa