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Advocate takes Thuli to court

FIRM: Thuli Madonsela
FIRM: Thuli Madonsela

A GOVERNMENT official has dragged the public protector to court to set aside findings that he is unfit to hold any position of trust.

Thuli Madonsela's findings were based on a court order from four years ago which saw director of corporate services at the Ramotshere Moiloa local municipality, Samuel Tebogo Motlhamme, being struck off the roll of advocates.

This was after he paid off his practice's debts with his clients' monies held in trust accounts.

In a first of its kind, Motlhamme submits in the court challenge that Madonsela's office has no powers to make any decision based on court orders.

He wants the North West High Court in Mahikeng to review the "irrational" decision which was taken without him being afforded a chance to explain himself.

"The respondent was usurping the powers that she does not have by investigating a matter dealing with a court order, and this was contrary to Section 182(3) of the Constitution of South Africa," reads court papers filed on February 16.

"Without soliciting any comment from me as the affected party, the respondent unilaterally concluded that it is indeed so that if one is struck from the roll of practicing attorney he or she cannot be entrusted in position of trust, ie, CEO positions like in the current case."

In a move to save his job and stop Madonsela from disqualifying him, Motlhamme submits that the new probe initiated against him last month was based on ulterior motive and showed bias on Madonsela's side.

Motlhamme was booted out of his previous position as CEO at Mmabana Arts, Culture and Sports Foundation after Madonsela's office was anonymously tipped off that he had been appointed to a position of trust.

Madonsela found that he was not fit to hold the position because he had been struck off the roll of attorneys in November 2010.

Despite this, Motlhamme was subsequently appointed to yet another position of trust at the Ramotshere Moiloa municipality, under circumstances which were being probed by Madonsela's office.

The municipality was asked in April last year to provide documents relating to his appointment.

With the investigation now under way, Motlhamme submits "there is a perception of bias in the said investigation".

"The view of the respondent that I cannot hold a position of trust is a matter coloured by ulterior motive."

Madonsela's office said it will oppose the application. "We filed notice of intention to oppose the application last week.

"We have 30 days from March 10 to file opposing papers," said Madonsela's spokesman Oupa Segalwe.

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