https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / All Case Law RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Mohlaloga v Speaker of the National Assembly of the Republic of South Africa (7082/2018) [2019] ZAWCHC 31

Close

Embed Video

Mohlaloga v Speaker of the National Assembly of the Republic of South Africa (7082/2018) [2019] ZAWCHC 31

Mohlaloga v Speaker of the National Assembly of the Republic of South Africa (7082/2018) [2019] ZAWCHC 31

27th March 2019

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

Click here to read the full judgment on Saflii

[1] In this matter, application was made as a matter of urgency for an interdict restraining the National Assembly from adopting a resolution for the removal of the applicant from his position as the chairperson of the Independent Communications Authority of South Africa (‘ICASA’) and as a member of its Council until such time as his appeal against his convictions on charges of fraud and contravening s 4 of the Prevention of Organised Crime Act 121 of 1998 (money laundering) under case no. 111/86/2012 in the Regional Court at Pretoria has been finally determined.  ICASA is a juristic person and an organ of state in the national sphere of government.  It operates through its Council.[1]

Advertisement

[2] The application was heard on 18 March 2019, on the day preceding the scheduled consideration of the matter by Parliament.  I made an order on the morning of 19 March 2019 dismissing the application with costs.  It is a matter of public record that the National Assembly adopted a resolution later that day removing the applicant from office.  When I made the order I indicated that written reasons for my decision would be handed down later.  This judgment sets out those reasons.

[3] The background is that the applicant was convicted on 15 January 2018 and, on 14 February 2019, he was sentenced to 20 years’ imprisonment.  He was granted leave to appeal against the sentence, but leave was refused in respect of the conviction.  On 7 March 2019, he submitted a petition to the Judge President of the Gauteng Division of the High Court for leave to appeal against his conviction.  The petition had not yet been decided when the interdict application came before me.

Advertisement

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now