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Ministry of Communications, Media Statement, 24 October 2014 Decision of the Western Cape High Court The decision of the Western Cape High court today, the 24th of October 2014, on the matter which was brought by the Democratic Alliance against the SABC and the Minister of Communications vindicated the position of the Minister to the effect that the Public Protector's findings, remedial action and recommendations are not final and binding. The judge stated the following in page 36 paragraph 68 of his judgment: "The Public Protector Act, in keeping with the scheme of ss181 and 182 of the Constitution, contains no provisions that the findings and remedial action required by the Public Protector are binding and enforceable, as in the case of a court order. In cases where the lawgiver intends that the findings of a tribunal should be enforceable, it says so. For example, an arbitration award by the CCMA is final and binding and may be enforced as if it were an order of the Labour Court. The same applies to a decision of the Competition Commission". In conclusion, the Minister is satisfied that such an important question which has been making news headlines has been settled. Issued by: Department of Communications <http://www.gcis.gov.za/> Enquiries: Ayanda Holo Tel: 061 488 0634 -- -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . --- You received this message because you are subscribed to the Google Groups "YCLSA Discussion Forum" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. For more options, visit https://groups.google.com/d/optout.
