The judge is wrong - Mpofu
2008-07-17 13:39
Johannesburg - SABC chief Dali Mpofu has filed an appeal against a court ruling in which he lost part of a legal bid to have his suspension dismissed, his lawyer said on Thursday.
"We handed the court papers in yesterday [Wednesday]," said Mpofu's lawyer, Sandile July.
No date had been set yet for the court to hear the appeal, he added.
The Johannesburg High Court ruled on Monday that the meetings at which the SABC board decided Mpofu's third suspension from office were not unlawful.
Mpofu's lawyers had argued that the meetings were unlawful because Mpofu and two other executive directors were asked to recuse themselves from them, while they had a right to be present.
'The judge is clearly wrong'
Earlier this week, Mpofu said although he "respected the ruling of the judge... the conclusion has been reached that the judge is clearly wrong".
He said an urgent application to appeal the judgment would be lodged.
Judge Antonie Gildenhuys ruled that Mpofu left the meeting voluntarily because he did not object when he was asked to recuse himself.
Mpofu has been suspended three times by the SABC board since May 7.He successfully challenged his first suspension in court but was suspended again, and again the Johannesburg High Court overturned his suspension. He was then suspended for a third time and this time a different judge ruled in favour of the board.
Apart from the application to appeal, the court would also hear argument on August 5 on whether the board had the authority to suspend Mpofu.
Mpofu could still win the latter case, which would then set his suspension aside.
- SAPA